C1F1PART 21AInformation about people with significant control
Pts. 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))
C8CHAPTER 3F9Register of people with significant control
Pt. 21A Ch. 3 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. 19
Pt. 21A Ch. 3 (ss. 790M-790VA) applied (with modifications) by S.I. 2009/2436, Sch. 1 para. 12B (as inserted (26.6.2017) by The Information about People with Significant Control (Amendment) Regulations 2017 (S.I. 2017/693), reg. 33 (with Sch. Pt. 3))
C6C2C5790MDuty to keep register
1
A company to which this Part applies must keep a register of people with significant control over the company.
C62
The required particulars of any individual with significant control over the company who is “registrable” in relation to the company must be entered in the register F3before the end of the period of 14 days beginning with the day after all the required particulars of that individual are first confirmed.
C63
The company must not enter any of the individual's particulars in the register until they have all been confirmed.
C64
Particulars of any individual with significant control over the company who is “non-registrable” in relation to the company must not be entered in the register.
C6F65
The required particulars of any entity that is a registrable relevant legal entity in relation to the company must be entered in the register before the end of the period of 14 days beginning with the day after the company first has all the required particulars of that entity.
C66
If the company becomes aware of a relevant change (within the meaning of section 790E) with respect to a registrable person F7... whose particulars are stated in the register F4, the company must enter in the register—
a
the changes to the required particulars resulting from the relevant change, and
b
the date on which the relevant change occurred,
before the end of the period of 14 days beginning with the day after all of those changes and that date are first confirmed.
F86A
If the company becomes aware of a relevant change (within the meaning of section 790E) with respect to a registrable relevant legal entity whose particulars are stated in the register, the company must enter in the register—
a
the changes to the required particulars resulting from the relevant change, and
b
the date on which the relevant change occurred,
before the end of the period of 14 days beginning with the day after the company first has details of all of those changes and that date.
7
The Secretary of State may by regulations require additional matters to be noted in a company's PSC register.
F57A
If a company is required by regulations made under subsection (7) to note an additional matter in its PSC register, the company must note the additional matter before the end of the period of 14 days beginning with the day after the requirement arises.
8
Regulations under subsection (7) are subject to affirmative resolution procedure.
9
A person's required particulars, F2a change to such particulars and the date of any relevant change with respect to a person, are considered for the purposes of this section to have been “confirmed” if—
a
the person supplied or confirmed them to the company (whether voluntarily, pursuant to a duty imposed by this Part or otherwise),
b
another person did so but with that person's knowledge, or
C4c
they were included in a statement of initial significant control delivered to the registrar under section 9 by subscribers wishing to form the company.
C710
In the case of someone who was a registrable person or a registrable relevant legal entity in relation to the company on its incorporation—
a
the date to be entered in the register as the date on which the individual became a registrable person, or the entity became a registrable relevant legal entity, is to be the date of incorporation, and
b
in the case of a registrable person, that particular is deemed to have been “confirmed”.
11
For the purposes of this section—
a
if a person's usual residential address is the same as his or her service address, the entry for him or her in the register may state that fact instead of repeating the address (but this does not apply in a case where the service address is stated to be “The company's registered office”);
b
nothing in section 126 (trusts not to be entered on register) affects what may be entered in a company's PSC register or is receivable by the registrar in relation to people with significant control over a company (even if they are members of the company);
c
see section 790J (exemptions) for cases where a person does not count as a registrable person or a registrable relevant legal entity.
12
If a company makes default in complying with this section, an offence is committed by—
a
the company, and
b
every officer of the company who is in default.
13
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale and, for continued contravention, a daily default fine not exceeding one-tenth of level 3 on the standard scale.
14
A company to which this Part applies is not by virtue of anything done for the purposes of this section affected with notice of, or put upon inquiry as to, the rights of any person in relation to any shares or rights in or with respect to the company.
Pt. 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)