Part 2Company formation

Requirements for registration

12A Statement of initial significant control

F2(1)

The statement of initial significant control required to be delivered to the registrar must—

(a)

state whether, on incorporation, there will be anyone who will count for the purposes of section 790M (register of people with significant control over a company) as either a registrable person or a registrable relevant legal entity in relation to the company,

(b)

include the required particulars of anyone who will count as such, and

(c)

include any other matters that on incorporation will be required (or, in the absence of an election under section 790X, would be required) to be entered in the company's PSC register by virtue of section 790M.

F2(1)

The statement of initial significant control required to be delivered to the registrar must—

(a)

state whether, on incorporation, there will be anyone who is either a registrable person or a registrable relevant legal entity in relation to the company, and

(b)

include the required particulars of any such person.

F3(1A)

If there is anyone who will be a registrable person, or a registrable relevant legal entity, in relation to the company on incorporation, the statement must also include—

(a)

a statement that none of them is disqualified under the directors disqualification legislation (see section 159A(2)),

(b)

if any of them would be so disqualified but for the permission of a court to act, a statement to that effect, in respect of each of them, specifying—

(i)

the person’s name,

(ii)

the court by which permission was given,

(iii)

the date on which permission was given, and

(c)

if any of them would be so disqualified by virtue of section 11A of the Company Directors Disqualification Act 1986 or Article 15A of the Company Directors Disqualification (Northern Ireland) Order 2002 (designated persons under sanctions legislation) but for the authority of a licence of the kind mentioned in that section or Article, a statement to that effect, in respect of each of them, specifying—

(i)

the person’s name, and

(ii)

the date on which the licence was issued and by whom it was issued.

(2)

It is not necessary to include under subsection (1)(b) the date on which someone becomes a registrable person or a registrable relevant legal entity in relation to the company.

(3)

If the statement includes required particulars of an individual, it must also contain a statement that those particulars are included with the knowledge of that individual.

F4(4)

“Registrable person”, “registrable relevant legal entity” and “required particulars” have the meanings given in Part 21A (see sections 790C and 790K).

F4(4)

In this section—

“permission of a court to act” means permission of a court under a provision mentioned in column 2 of the table in section 159A(2);

“registrable person” has the meaning given by section 790C (see also section 790J);

“registrable relevant legal entity” has the meaning given by section 790C (see also section 790J);

“required particulars” has the meaning given by section 790K.