[F1PART 21AU.K.Information about people with significant control

Textual Amendments

F1Pt. 21A inserted (26.5.2015 for specified purposes, 6.4.2016 except for the insertion of ss. 790M(9)(c), 790W-790ZE and 30.6.2016 so far as not already in force) by Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 3 para. 1; S.I. 2015/1329, reg. 3(a); S.I. 2015/2029, regs. 4(a), 5(a)

Modifications etc. (not altering text)

C1Pts. 1-39 modified (31.12.2020) by Regulation (EC) No. 2157/2001, Art. AAA1(3) (as inserted by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 97 (with regs. 140-145) (as amended by S.I. 2020/523, regs. 1(2), 5(a)-(f)); 2020 c. 1, Sch. 5 para. 1(1))

CHAPTER 2U.K.Information-gathering

Required particularsU.K.

790K Required particularsU.K.

(1)The “required particulars” of an individual who is a registrable person are—

(a)name,

(b)a service address,

(c)the country or state (or part of the United Kingdom) in which the individual is usually resident,

(d)nationality,

(e)date of birth,

(f)usual residential address,

(g)the date on which the individual became a registrable person in relation to the company in question,

(h)the nature of his or her control over that company (see Schedule 1A), [F2and]

(i)[F2if, in relation to that company, restrictions on using or disclosing any of the individual's PSC particulars are in force under regulations under section 790ZG, that fact.]

(2)In the case of a person in relation to which this Part has effect by virtue of section 790C(12) as if the person were an individual, the “required particulars” are—

(a)name,

(b)principal office,

[F3(ba)a service address,]

(c)the legal form of the person and the law by which it is governed,

(d)the date on which it became a registrable person in relation to the company in question, and

(e)the nature of its control over the company (see Schedule 1A).

(3)The “required particulars” of a registrable relevant legal entity are—

(a)corporate or firm name,

(b)[F4registered or] principal office,

[F5(ba)a service address,]

(c)the legal form of the entity and the law by which it is governed,

(d)if applicable, the register of companies in which it is entered (including details of the state) and its registration number in that register,

(e)the date on which it became a registrable relevant legal entity in relation to the company in question, and

(f)the nature of its control over that company (see Schedule 1A).

[F6(4)Section 163(2) (particulars of directors to be registered: individuals) applies for the purposes of subsection (1).]

[F6(4)In this section “name”, in relation to an individual, means the individual’s forename and surname.

(4A)Where an individual is a peer or an individual usually known by a title, any requirement imposed by this Act to provide the individual’s name because it forms part of the required particulars under this section may be satisfied by providing that title instead of the individual’s forename and surname.]

(5)The Secretary of State may by regulations make further provision about the particulars required by subsections (1)(h), (2)(e) and (3)(f).

(6)Regulations under subsection (5) are subject to negative resolution procedure.

Textual Amendments

F2S. 790K(1)(i) and word omitted (26.10.2023 but only so far as it confers a power to make regulations or relates to the exercise of the power, otherwise prosp.) by virtue of Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b), Sch. 2 para. 16(2)

F3S. 790K(2)(ba) inserted (26.10.2023 but only so far as it confers a power to make regulations or relates to the exercise of the power, otherwise prosp.) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b), Sch. 2 para. 16(3)

F4Words in s. 790K(3)(b) omitted (26.10.2023 but only so far as it confers a power to make regulations or relates to the exercise of the power, otherwise prosp.) by virtue of Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b), Sch. 2 para. 16(4)(a)

F5S. 790K(3)(ba) inserted (26.10.2023 but only so far as it confers a power to make regulations or relates to the exercise of the power, otherwise prosp.) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b), Sch. 2 para. 16(4)(b)

F6S. 790K(4)(4A) substituted for s. 790K(4) (26.10.2023 but only so far as it confers a power to make regulations or relates to the exercise of the power, otherwise prosp.) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b), Sch. 2 para. 16(5)

Modifications etc. (not altering text)

C2S. 790K applied (with modifications) by S.I. 2009/1804, reg. 31D (as inserted (6.4.2016) by The Limited Liability Partnerships (Register of People with Significant Control) Regulations 2016 (S.I. 2016/340), regs. 1(3), 3, Sch. 1)

C3Ss. 790C-790K applied (with modifications) by S.I. 2009/2436, Sch. 1 para. 12A (as inserted (26.6.2017) by The Information about People with Significant Control (Amendment) Regulations 2017 (S.I. 2017/693), regs. 2, 33 (with Sch. Pt. 3))

790LRequired particulars: power to amendU.K.

[F7(1)The Secretary of State may by regulations amend section 790K so as to add to or remove from any of the lists of required particulars.]

[F7(1)The Secretary of State may by regulations—

(a)amend section 790K so as to change the “required particulars” in relation to—

(i)an individual who is a registrable person;

(ii)a person in relation to which this Part has effect by virtue of section 790C(12) as if the person were an individual;

(iii)a registrable relevant legal entity;

(b)repeal section 790K(4A).]

(2)Regulations under this section are subject to affirmative resolution procedure.]

Textual Amendments

F7S. 790L(1) substituted (26.10.2023 but only so far as it confers a power to make regulations or relates to the exercise of the power, otherwise prosp.) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b), Sch. 2 para. 17