PART 1Registration of overseas entities

Interpretation

44Interpretation

1

In this Part—

  • beneficial owner”, in relation to an overseas entity, has the meaning given by Part 2 of Schedule 2;

  • the court” has the same meaning as in the Companies Acts (see section 1156 of the Companies Act 2006);

  • document” means information in any recorded form;

  • government or public authority” means—

    1. a

      a corporation sole;

    2. b

      a government or government department of a country or territory or a part of a country or territory;

    3. c

      an international organisation whose members include two or more countries or territories (or their governments);

    4. d

      a local authority or local government body in the United Kingdom or elsewhere;

    5. e

      any other public authority in the United Kingdom or elsewhere;

  • legal entity” has the meaning given by section 2;

  • managing officer”, in relation to an overseas entity, includes a director, manager or secretary;

  • overseas entity” has the meaning given by section 2;

  • register” means the register kept under section 3;

  • “registered”: an overseas entity is registered if its name appears in the list of registered overseas entities kept in accordance with section 3(3);

  • registrable beneficial owner”, in relation to an overseas entity, has the meaning given by Schedule 2;

  • the registrar” has the meaning given by section 3(1).

2

A reference in section 12 or 13 to a person who is a registrable beneficial owner of an overseas entity includes, in connection with the obtaining of information required by section 7(1)(b), 9(1)(c), 41(3)(b) or 42(1)(c)(i), a reference to a person who has ceased to be a registrable beneficial owner.

3

A reference in this Part to a trust includes arrangements, under the law of a country or territory outside the United Kingdom, that are of a similar character to a trust, and any related expressions are to be read accordingly.

4

The Secretary of State may by regulations make provision specifying descriptions of arrangements that are, or are not, to be treated as being of a similar character to a trust for the purposes of subsection (3).

5

Regulations under subsection (4) are subject to the negative resolution procedure.