• section 1081A (registrar’s objectives to promote integrity of registers etc),

1081ARegistrar’s objectives to promote integrity of registers etc

1

The registrar must, in performing the registrar’s functions, seek to promote the following objectives.

• Objective 1

  Objective 1 is to ensure that any person who is required to deliver a document to the registrar does so (and that the requirements for proper delivery are complied with).

• Objective 2

  Objective 2 is to ensure that information contained in the register is accurate and that the register contains everything it ought to contain.

• Objective 3

  Objective 3 is to ensure that records kept by the registrar do not create a false or misleading impression to members of the public.

• Objective 4

  Objective 4 is to prevent companies and others from—

  1. a

     carrying out unlawful activities, or

  2. b

     facilitating the carrying out by others of unlawful activities.

2

In Objective 2 the reference to “the register” includes any records kept by the registrar under any enactment.

9ARequired information about the subscribers

1

The required information about a subscriber who is an individual is—

a

name;

b

a service address.

2

The required information about a subscriber that is a body corporate, or a firm that is a legal person under the law by which it is governed, is—

a

corporate or firm name;

b

a service address.

3

In subsection (1) “name” means the individual’s forename and surname.

4

Where a subscriber is a peer or an individual usually known by a title, that title may be stated in the application for the registration of the company instead of the subscriber’s forename and surname.

5

The Secretary of State may by regulations—

a

amend this section so as to change the required information about a subscriber;

b

repeal subsection (4).

6

Regulations under this section are subject to affirmative resolution procedure.

2A

The statement must, in the case of each individual named as a director, confirm that the individual’s identity is verified (see section 1110A).

4

The statement must also include a statement by the subscribers to the memorandum of association that no one named as a director is—

a

disqualified under the directors disqualification legislation (see section 159A(2)), or

b

otherwise ineligible by virtue of any enactment for appointment as a director.

5

Where any of the persons named as directors would be disqualified under the directors disqualification legislation but for the permission of a court to act, the statement must also include a statement to that effect, in respect of each of them, specifying—

a

the person’s name,

b

the court by which permission was given, and

c

the date on which permission was given.

6

In subsection (5) “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).

7

Where any of the persons named as directors would be disqualified under the directors disqualification legislation 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, the statement must also include a statement to that effect, in respect of each of them, specifying—

a

the person’s name, and

b

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

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.

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.

53ANames for criminal purposes

A company must not be registered under this Act by a name if, in the opinion of the Secretary of State, the registration of the company by that name is intended to facilitate—

a

the commission of an offence involving dishonesty or deception, or

b

the carrying out of conduct that, if carried out in any part of the United Kingdom, would amount to such an offence.

aa

section 53A (names for criminal purposes);

56ANames suggesting connection with foreign governments etc

A company must not be registered under this Act by a name that, in the opinion of the Secretary of State, would be likely to give the false impression that the company is connected with—

a

a foreign government or an agency or authority of a foreign government, or

b

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

bza

section 56A (names suggesting connection with foreign governments etc);

Computer code

57ANames containing computer code

A company must not be registered under this Act by a name that, in the opinion of the Secretary of State, consists of or includes computer code.

bb

section 57A (names containing computer code);

Prohibitions where a company has been required to change a name

57BProhibition on re-registering name following direction

1

Where a company’s name has at any time been changed following a direction under section 67, 75, 76, 76A or 76B, or an order under section 73, the company must not subsequently be registered under this Act by the original name or a name that is similar to it.

2

But subsection (1) does not prevent the registration of the company by any name approved by the Secretary of State.

3

In subsection (1)—

a

the reference to the name of a company being changed following a direction under a particular section includes a case where a new name is determined for the company under section 76D because of its failure to comply with the direction;

b

the reference to the name of a company being changed following an order under section 73 includes a case where a new name is determined for the company under section 73(4) because of its failure to comply with an order.

bc

section 57B (restriction on re-registering name following direction).

57CName that another company has been directed to change

1

Where a company has at any time been directed under section 67, 75, 76, 76A or 76B, or ordered under section 73, to change its name, no other company may be registered under this Act by that name or a name that is similar if—

a

that company is an existing company and there is a person who has, or has had, a relevant relationship with both companies, or

b

an application has been made for the registration of that company and, if it is registered, there will on its incorporation be a person who has, or has had, a relevant relationship with both companies.

2

But subsection (1) does not prevent the registration of the company by any name approved by the Secretary of State.

3

For the purposes of subsection (1) it is irrelevant whether the person has, or has had, a relevant relationship with both companies at the same time.

4

For the purposes of this section a person has a “relevant relationship” with a company if the person is—

a

an officer, or

b

a member or former member.

5

In subsection (1)—

a

the reference to the name of a company being changed following a direction under a particular section includes a case where a new name is determined for the company under section 76D because of its failure to comply with the direction;

b

the reference to the name of a company being changed following an order under section 73 includes a case where a new name is determined for the company under section 73(4) because of its failure to comply with an order.

bd

section 57C (names that another company has been directed to change);

2A

The period must be a period of at least 28 days beginning with the date of the direction.

2B

The Secretary of State may by further direction in writing extend the period.

Any such direction must be given before the end of the period for the time being specified.

2A

The period must be a period of at least 28 days beginning with the date of the direction.

2A

The period must be at least 28 days beginning with the date of the direction.

6A

Where a direction is given under subsection (1), the registrar may omit from the material on the register that is available for public inspection any mention of the name to which the direction relates.

1A

Where a direction is given under subsection (1), the registrar may omit from the material on the register that is available for public inspection any mention of the name to which the direction relates (so far as it relates to the company to which the direction is given).

7

Where an order is made under subsection (1), the registrar may omit from the material on the register that is available for public inspection any mention of the name to which the order relates.

4A

Where a direction is given under subsection (1), the registrar may omit from the material on the register that is available for public inspection any mention of the name to which the direction relates.

5B

Where a direction is given under subsection (1), the registrar may omit from the material on the register that is available for public inspection any mention of the name to which the direction relates.

Provision of misleading information

Misleading indication of activities and names used for criminal purposes

76APower to direct change of name used for criminal purposes

1

The Secretary of State may direct a company to change its name if it appears to the Secretary of State that the name has been used, or is intended to be used, by the company to facilitate—

a

the commission of an offence involving dishonesty or deception, or

b

the carrying out of conduct that, if carried out in any part of the United Kingdom, would amount to such an offence.

2

The direction must be in writing and must specify the period within which the company is to change its name.

3

The period must be a period of at least 28 days beginning with the date of the direction.

4

The Secretary of State may by further direction in writing extend the period.

Any such direction must be given before the end of the period for the time being specified.

5

A company may apply to the court to set aside a direction under subsection (1).

6

Any application under subsection (5) must be made within the period of three weeks beginning with the date of the direction.

7

On an application under subsection (5) the court may set the direction aside or confirm it.

8

If on an application under subsection (5) the direction is confirmed, the court must specify the period within which the direction is to be complied with.

9

Where a direction is given under subsection (1), the registrar may omit from the material on the register that is available for public inspection any mention of the name to which the direction relates.

10

If a company applies to the court under subsection (5) to set aside a direction, the company is not required to comply with the direction while the proceedings are ongoing.

11

If a company fails to comply with a direction under subsection (1), an offence is committed by—

a

the company, and

b

every officer of the company who is in default.

For this purpose a shadow director is treated as an officer of the company.

12

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.

g

section 76A (power to direct change of name used for criminal purposes);

Direction to change name wrongly registered

76BDirection to change name wrongly registered

1

The Secretary of State may direct a company to change its name if—

a

it appears to the Secretary of State that the company’s registration by that name was in contravention of any requirement imposed by this Part, or

b

the Secretary of State did not, at the time at which the name was registered, form the opinion mentioned in section 53, 56A or 57A, but had proper grounds for doing so.

2

The direction must be in writing and must specify the period within which the company is to change its name.

3

The period must be a period of at least 28 days beginning with the date of the direction.

4

The Secretary of State may by further direction in writing extend the period.

Any such direction must be given before the end of the period for the time being specified.

5

A company may apply to the court to set aside a direction under subsection (1).

6

Any application under subsection (5) must be made within the period of three weeks beginning with the date of the direction.

7

On an application under subsection (5) the court may set the direction aside or confirm it.

8

If on an application under subsection (5) the direction is confirmed, the court must specify the period within which the direction is to be complied with.

9

Where a direction is given under subsection (1), the registrar may omit from the material on the register that is available for public inspection any mention of the name to which the direction relates.

10

If a company applies to the court under subsection (5) to set aside a direction, the company is not required to comply with the direction while the proceedings are ongoing.

11

If a company fails to comply with a direction under subsection (1), an offence is committed by—

a

the company, and

b

every officer of the company who is in default.

For this purpose a shadow director is treated as an officer of the company.

12

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.

h

section 76B (direction to change name wrongly registered);

Registrar’s powers to change names

76CRegistrar’s power to change name containing computer code

1

Where, in the opinion of the registrar, a company’s registered name consists of or includes computer code, the registrar may—

a

determine a new name for the company, and

b

remove from the register any reference to the company’s old name.

2

If the registrar determines a new name for a company under this section, the registrar must—

a

give the company notice of the determination, and

b

place a note of the determination in the register.

3

Where a company is given a direction under section 76B to change its name—

a

that does not affect the registrar’s power to act under subsection (1), but

b

if the registrar does so, the direction lapses.

1

This section applies where—

a

the registrar receives notice of a change of a company’s name and is satisfied—

i

that the new name complies with the requirements of this Part, and

ii

that the requirements of the Companies Acts, and any relevant requirements of the company’s articles, with respect to a change of name are complied with, or

b

the registrar determines a new name for a company under section 76C or 76D.

2

The registrar must enter the new name on the register in place of the former name.

i

section 76C (registrar’s power to change name containing computer code);

j

section 76D (registrar’s power to change name for failure to comply with direction).

Restrictions where a company has been required to change a name

1198AName that a company has been required to change

1

Where a relevant direction has been given to a company to change its name, or it has been ordered under section 73 to change its name, the company must not carry on business in the United Kingdom under the name that it was directed or ordered to change, except as mentioned in subsection (2).

2

Subsection (1) does not prevent the use by a company of a name if—

a

the period for complying with the direction or order has not yet expired,

b

the company complied with the direction or order and has since become registered with the name again following approval given under section 57B, or

c

the direction was given, or the order was made, before section 25 of the Economic Crime and Corporate Transparency Act 2023 came fully into force.

3

If a company uses a name in contravention of this section an offence is committed by—

a

the company, and

b

every officer of the company who is in default.

4

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.

5

In this section—

• “company” includes an overseas company;

• “relevant direction” means a direction under section 67, 75, 76, 76A or 76B, other than a direction under section 76B(1)(b) given on the basis that, at the time at which a company’s name was registered, the Secretary of State had proper grounds for forming the opinion mentioned in section 57A.

86Duty to ensure registered office at appropriate address

1

A company must ensure that its registered office is at all times at an appropriate address.

2

An address is an “appropriate address” if, in the ordinary course of events—

a

a document addressed to the company, and delivered there by hand or by post, would be expected to come to the attention of a person acting on behalf of the company, and

b

the delivery of documents there is capable of being recorded by the obtaining of an acknowledgement of delivery.

3

If a company fails, without reasonable excuse, to comply with this section an offence is committed by—

a

the company, and

b

every officer of the company who is in default.

4

A person guilty of an offence under this section is liable on summary conviction—

a

in England and Wales, to a fine;

b

in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale and, for continued contravention, a daily default fine not exceeding one-tenth of level 5 on the standard scale.

5

Subsection (1) does not apply in relation to a company during any period for which the address of its registered office is a default address nominated by virtue of section 1097A(3)(h).

1A

The notice must include a statement that the new address is an appropriate address within the meaning given by section 86(2).

853CADuty to notify a change in registered office

1

This section applies where—

a

a company makes a confirmation statement,

b

the company’s registered office is not at an appropriate address within the meaning given by section 86(2), and

c

the company has not given a notice under section 87 (change of registered office) that is awaiting registration by the registrar.

2

The company must deliver a notice under section 87 at the same time as it delivers the confirmation statement.

aa

a statement of the intended registered email address of the company, which must be an appropriate email address within the meaning given by section 88A(2);

Registered email address

88ADuty to maintain a registered email address

1

A company must ensure that its registered email address is at all times an appropriate email address.

2

An email address is an “appropriate email address” if, in the ordinary course of events, emails sent to it by the registrar would be expected to come to the attention of a person acting on behalf of the company.

3

If a company fails, without reasonable excuse, to comply with this section an offence is committed by—

a

the company, and

b

every officer of the company who is in default.

4

A person guilty of an offence under this section is liable on summary conviction—

a

in England and Wales, to a fine;

b

in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale and, for continued contravention, a daily default fine not exceeding one-tenth of level 5 on the standard scale.

88BChange of registered email address

1

A company may change its registered email address by giving notice to the registrar.

2

The notice must include a statement that the new address is an appropriate email address within the meaning given by section 88A(2).

3

The change takes effect upon the notice being registered by the registrar.

853CBDuty to notify a change in registered email address

1

This section applies where—

a

a company makes a confirmation statement,

b

the company’s registered email address is not an appropriate email address within the meaning given by section 88A(2), and

c

the company has not given a notice under section 88B (change of registered email address) that is awaiting registration by the registrar.

2

The company must deliver a notice under section 88B at the same time as it delivers the confirmation statement.

za

an email address delivered to the registrar under—

i

section 9(5)(aa) or 88B (initial registered email address and change of address);

ii

section 30 of the Economic Crime and Corporate Transparency Act 2023 (company’s registered email address: transitional provision);

3B

In this section “relevant provisions of the companies legislation” means—

a

any provision of the companies legislation requiring any return, account or other document to be filed with, delivered or sent, or notice of any matter to be given, to the registrar of companies,

b

sections 167M and 167N of the Companies Act 2006 (prohibitions on acting as director where identity not verified or where there has been a failure to notify a directorship), and

c

sections 790LQ and 790LR of the Companies Act 2006 (persons with significant control: ongoing duties in relation to identity verification).

4A

In this section “the companies legislation” means—

a

the Companies Acts,

b

Parts A1 to 7 of the Insolvency Act 1986 (company insolvency and winding up), and

c

Part 1 of the Economic Crime (Transparency and Enforcement) Act 2022 (registration of overseas entities).

3

Those circumstances are that, during the 5 years ending with the date of the conviction, there have been no fewer than 3 relevant findings of guilt in relation to the person.

3A

For these purposes, there is a relevant finding of guilt in relation to the person if —

a

the person is convicted of an offence counting for the purposes of this section (including the offence of which the person is convicted as mentioned in subsection (2) and any other offence of which the person is convicted on the same occasion),

b

a financial penalty of the kind mentioned in section 3(3)(aa) is imposed on the person, or

c

a default order within the meaning of section 3(3)(b) is made against the person.

4A

In this section “relevant provisions of the companies legislation” has the meaning given by section 3(3B).

3

Those circumstances are that, during the 5 years ending with the date of the conviction, there have been no fewer than 3 relevant findings of guilt in relation to the person.

3A

For these purposes, there is a relevant finding of guilt in relation to the person if —

a

the person is convicted of an offence counting for the purposes of this Article (including the offence of which the person is convicted as mentioned in paragraph (2) and any other offence of which the person is convicted on the same occasion),

b

a financial penalty of the kind mentioned in Article 6(3)(aa) is imposed on the person, or

c

a default order within the meaning of Article 6(3)(b) is made against the person.

4A

In this Article “relevant provisions of the companies legislation” has the meaning given by Article 6(3ZA).

aa

impose director disqualification sanctions (see section 3A);

3ADirector disqualification sanctions

1

For the purposes of section 1(5)(aa) regulations “impose director disqualification sanctions” if they provide for designated persons (see section 9) to be persons subject to director disqualification sanctions for the purposes of—

a

section 11A of the Company Directors Disqualification Act 1986, and

b

Article 15A of the Company Directors Disqualification (Northern Ireland) Order 2002.

2

As to the effect of such provision, see—

a

section 11A of the Company Directors Disqualification Act 1986, and

b

Article 15A of the Company Directors Disqualification (Northern Ireland) Order 2002.

3A

Where regulations provide for designated persons to be persons subject to director disqualification sanctions for the purposes of section 11A of the Company Directors Disqualification Act 1986 and Article 15A of the Company Directors Disqualification (Northern Ireland) Order 2002, the regulations may—

a

create exceptions from subsection (1) of that section or paragraph (1) of that Article;

b

confer power on an appropriate Minister to issue a licence to authorise a designated person to do anything that would otherwise be prohibited by subsection (1) of that section or paragraph (1) of that Article.

3B

Regulations may, as respects any licences provided for under subsection (3A), make any provision mentioned (in relation to licences) in subsection (3).

11ADesignated persons under sanctions legislation

1

It is an offence for a person who is subject to director disqualification sanctions to act as a director of a company or directly or indirectly to take part in or be concerned in the promotion, formation or management of a company (but see subsection (2)).

2

Subsection (1) does not apply—

a

to the extent that an exception from subsection (1) has been created by virtue of section 15(3A) of the Sanctions and Anti-Money Laundering Act 2018, or

b

to anything done under the authority of a licence issued by virtue of section 15(3A) of that Act.

3

It is a defence for a person charged with an offence under this section to prove that they did not know and could not reasonably have been expected to know that they were subject to director disqualification sanctions at the time at which they engaged in that conduct.

4

In this section “person who is subject to director disqualification sanctions” means a person who under regulations under section 1 of the Sanctions and Anti-Money Laundering Act 2018 is a person subject to director disqualification sanctions for the purposes of this section and Article 15A of the Company Directors Disqualification (Northern Ireland) Order 2002 (see section 3A of the Sanctions and Anti-Money Laundering Act 2018).

1

Where—

a

a body corporate is—

i

guilty of an offence of acting in contravention of a disqualification order or disqualification undertaking or in contravention of section 12A or 12B, or

ii

guilty of an offence under section 11A, and

b

it is proved that the offence occurred with the consent or connivance of, or was attributable to any neglect on the part of any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity,

the person, as well as the body corporate, is guilty of the offence and liable to be proceeded against and punished accordingly.

d

persons who are subject to director disqualification sanctions within the meaning of section 11A;

e

any licences issued by virtue of section 15(3A) of the Sanctions and Anti-Money Laundering Act 2018.

da

section 11A is to be disregarded;

d

section 11A is to be disregarded.

Designated persons under sanctions legislation15A

1

It is an offence for a person who is subject to director disqualification sanctions to act as a director of a company or directly or indirectly to take part in or be concerned in the promotion, formation or management of a company (but see paragraph (2)).

2

Paragraph (1) does not apply—

a

to the extent that an exception from paragraph (1) has been created by virtue of section 15(3A) of the Sanctions and Anti-Money Laundering Act 2018, or

b

to anything done under the authority of a licence issued by virtue of section 15(3A) of that Act.

3

It is a defence for a person charged with an offence under this Article to prove that they did not know and could not reasonably have been expected to know that they were subject to director disqualification sanctions at the time at which they engaged in that conduct.

4

In this Article “person who is subject to director disqualification sanctions” means a person who under regulations under section 1 of the Sanctions and Anti-Money Laundering Act 2018 is a person subject to director disqualification sanctions for the purposes of this Article and section 11A of the Company Directors Disqualification Act 1986 (see section 3A of the Sanctions and Anti-Money Laundering Act 2018).

d

persons who are subject to director disqualification sanctions within the meaning of Article 15A;

e

any licences issued by virtue of section 15(3A) of the Sanctions and Anti-Money Laundering Act 2018 that authorise such a person to do anything that would otherwise be prohibited by Article 15A(1).

159ADisqualified person not to be appointed as director

1

A person may not be appointed a director of a company if the person is disqualified under the directors disqualification legislation (see subsection (2)).

2

In the table—

a

Part 1 defines “disqualified under the directors disqualification legislation” for the purposes of provisions of this Act so far as relating to—

i

a company registered in England and Wales or Scotland, or

ii

the delivery of a document to the registrar of companies for England and Wales or Scotland or a statement contained in such a document;

b

Part 2 defines “disqualified under the directors disqualification legislation” for the purposes of provisions of this Act so far as relating to—

i

a company registered in Northern Ireland, or

ii

the delivery of a document to the registrar of companies for Northern Ireland or a statement contained in such a document.

For those purposes a person (P) is disqualified under the directors disqualification legislation if:	Except in the application of the provision in relation to P acting in a capacity, or doing anything, for which P has the permission of a court or the authority of a licence, or in respect of which an exception applies, by virtue of:
Part 1: England and Wales and Scotland
P is subject to a disqualification order or undertaking under the Company Directors Disqualification Act 1986.	Section 1(1), 1A(1) or 9B(4) of the 1986 Act.
Any of the circumstances mentioned in section 11 of the Company Directors Disqualification Act 1986 (bankruptcy etc) apply to P.	Section 11 of the 1986 Act.
P is subject to director disqualification sanctions within the meaning of section 11A of the Company Directors Disqualification Act 1986.	Section 15(3A) of the Sanctions and Anti-Money Laundering Act 2018 (exceptions and licences).
Section 12 of the Company Directors Disqualification Act 1986 (disabilities on revocation of administration order against an individual) applies to P.	Section 12 of the 1986 Act.
P is subject to a disqualification order or undertaking mentioned in section 12A or 12B of the Company Directors Disqualification Act 1986 (recognition of Northern Ireland disqualification orders and undertakings).	Section 12A or 12B of the 1986 Act.
P is disqualified as mentioned in section 1184(2)(a) or (b) or is subject to a disqualification undertaking under section 1184(3).	Section 1184(5).
Part 2: Northern Ireland
P is subject to a disqualification order or undertaking under the Company Directors Disqualification (Northern Ireland) Order 2002 (S.I.2002/3150 (N.I. 4)).	Article 3(1), 4(1) or 13B(4) of the 2002 Order.
Any of the circumstances mentioned in Article 15 of the Company Directors Disqualification (Northern Ireland) Order 2002 (bankruptcy etc) apply to P.	Article 15 of the 2002 Order.
P is subject to director disqualification sanctions within the meaning of Article 15A of the Company Directors Disqualification (Northern Ireland) Order 2002.	Section 15(3A) of the Sanctions and Anti-Money Laundering Act 2018 (exceptions and licences).
Article 16 of the Company Directors Disqualification (Northern Ireland) Order 2002 (disabilities on revocation of administration order against an individual) applies to P.	Article 16 of the 2002 Order.
P is subject to a disqualification order or undertaking mentioned in Article 17 of the Company Directors Disqualification (Northern Ireland) Order 2002 (recognition of GB disqualification orders and undertakings).	Article 17 of the 2002 Order.
P is disqualified as mentioned in section 1184(2)(a) or (b) or is subject to a disqualification undertaking under section 1184(3).	Section 1184(5).

3

An appointment made in contravention of this section is void.

4

Nothing in this section affects any liability of a person under any provision of the Companies Acts or any other enactment if the person—

a

purports to act as director, or

b

acts as shadow director,

although the person could not, by virtue of this section, be validly appointed as a director.

169ARemoval from office of disqualified directors

1

A person who has been appointed as a director of a company ceases to hold office by virtue of that appointment if the person becomes disqualified under the directors disqualification legislation (see section 159A(2)).

2

Nothing in this section affects any liability of a person under any provision of the Companies Acts or any other enactment, if, having ceased to hold office by virtue of subsection (1), the person—

a

purports to act as director, or

b

acts as shadow director.

3

In relation to a person appointed as a director of a company before the time when this section comes into force, the reference in subsection (1) to a person who becomes disqualified includes a reference to a person who, at that time, is already disqualified.

disqualified under the directors disqualification legislation

section 159A(2)

4

Where an individual’s name is entered in a company’s register of members but is not in the form required by section 113A, that does not affect the person becoming a member of the company by virtue of subsection (2).

113ARequired information about members: individuals

1

The required information about a member who is an individual is—

a

name;

b

a service address.

2

In this section “name” means forename and surname.

3

Where a member is a peer or an individual usually known by a title—

a

any requirement imposed by section 113D or 113E, or by a notice under section 113F, to provide their name may be satisfied by providing their title instead;

b

the title may be entered in the register of members instead of their forename and surname (and references in any enactment to the name of a person entered in a company’s register of members are to be construed accordingly).

113BRequired information about members: corporate members and firms

The required information about a member that is a body corporate, or a firm that is a legal person under the law by which it is governed, is—

a

corporate or firm name;

b

a service address.

113CPower to amend the required information

1

The Secretary of State may by regulations—

a

make provision changing the required information about a member for the purposes of this Chapter;

b

repeal section 113A(3).

2

The provision that may be made in regulations under subsection (1)(a) includes provision amending this Chapter.

3

The consequential provision that may be made in regulations under subsection (1)(a) by virtue of section 1292(1) also includes provision amending section 50 of the Economic Crime and Corporate Transparency Act 2023.

4

Regulations under subsection (1) are subject to affirmative resolution procedure.

113DDuty on new members to notify required information

1

A person who becomes a member of a company must provide the company with the required information about the member (see sections 113A and 113B).

2

Subsection (1) does not apply if or to the extent that—

a

the person has already provided the information to the company, or

b

the person becomes a member of the company on its incorporation and the information is contained in the application for the registration of the company.

3

A person must comply with this section within the period of two months beginning with the date on which the person became a member.

113EDuty on member to notify changes to required information

1

A person who is a member of a company must give notice to the company of any change in the required information about the member (see sections 113A and 113B).

2

The notice must specify the date on which the change occurred.

3

A person must comply with this section within the period of two months beginning with the date on which the change occurred.

113FPower for company to require information from members

1

A company may, for the purposes of ensuring that its register of members includes the information that it is required to include, require a member or former member of the company to provide any of the required information about the member or former member (see sections 113A and 113B).

2

The notice must require the recipient to comply with it within the period of one month beginning with the date on which the notice is given.

113GFailure to comply with section 113D, 113E or 113F

1

A person who, without reasonable excuse, fails to comply with section 113D or 113E commits an offence.

2

A person who, without reasonable excuse, fails to comply with a notice under section 113F commits an offence.

3

Where an offence under subsection (1) or (2) is committed by a firm, the offence is also committed by every officer of the firm who is in default.

4

A person guilty of an offence under this section is liable—

a

on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both);

b

on summary conviction—

i

in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

ii

in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both) and, for continued contravention, a daily default fine not exceeding one-fifth of the statutory maximum;

iii

in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both) and, for continued contravention, a daily default fine not exceeding one-fifth of the statutory maximum.

113HBasic false statement offences in connection with sections 113D to 113F

1

A person commits an offence if, in purported compliance with section 113D or 113E and without reasonable excuse, the person makes a statement that is misleading, false or deceptive in a material particular.

2

A person commits an offence if, in purported compliance with a notice under section 113F and without reasonable excuse, the person makes a statement that is misleading, false or deceptive in a material particular.

3

Where an offence under subsection (1) or (2) is committed by a firm, the offence is also committed by every officer of the firm who is in default.

4

A person guilty of an offence under this section is liable—

a

on summary conviction in England and Wales, to a fine;

b

on summary conviction in Scotland, to a fine not exceeding level 5 on the standard scale;

c

on summary conviction in Northern Ireland, to a fine not exceeding level 5 on the standard scale.

113IAggravated false statement offences in connection with sections 113D to 113F

1

A person commits an offence if, in purported compliance with section 113D or 113E, the person makes a statement that the person knows to be misleading, false or deceptive in a material particular.

2

A person commits an offence if, in purported compliance with a notice under section 113F, the person makes a statement that the person knows to be misleading, false or deceptive in a material particular.

3

Where an offence under subsection (1) or (2) is committed by a firm, the offence is also committed by every officer of the firm who is in default.

4

A person guilty of an offence under this section is liable—

a

on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both);

b

on summary conviction—

i

in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

ii

in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both) and, for continued contravention, a daily default fine not exceeding one-fifth of the statutory maximum;

iii

in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both) and, for continued contravention, a daily default fine not exceeding one-fifth of the statutory maximum.

Duty to keep index of members

Inspection etc of register and index of members

Removal of entries from register of members

1A

The company may not register the transfer under subsection (1)(a) unless satisfied that it has the information that it is required to enter in its register of members in relation to the transferee.

This is subject to any restriction imposed by regulations under section 120A (protected material).

4A

Subsection (4) is subject to any restriction imposed by regulations under section 120A (protected material).

2A

Subsections (1) and (2) are subject to any restriction imposed by regulations under section 120A (protected material).

2A

Subsections (1) and (2) do not apply to an alteration that relates to information that the company is required to refrain from disclosing by virtue of regulations under section 120A (protected material).

120APower to make regulations protecting material

1

The Secretary of State may by regulations—

a

require a company to refrain from using, or refrain from disclosing, individual membership information except in circumstances specified in the regulations;

b

confer power on the registrar, on application, to make an order requiring a company to refrain from using, or refrain from disclosing, individual membership information except in circumstances specified in the regulations.

2

“Individual membership information” means information that—

a

relates to an individual who is a member or former member of the company, and

b

is required to be entered in the company’s register of members or index of members’ names.

3

Regulations under subsection (1)(b) may make provision as to—

a

who may make an application;

b

the grounds on which an application may be made;

c

the information to be included in and documents to accompany an application;

d

how an application is to be determined;

e

the notice to be given of an application and its outcome;

f

the duration of and procedures for revoking the restrictions on use and disclosure.

4

Provision under subsection (3) may in particular—

a

confer a discretion on the registrar;

b

provide for a question to be referred to a person other than the registrar for the purposes of determining the application or revoking the restrictions.

5

Regulations under this section are subject to affirmative resolution procedure.

6

Nothing in this section or in regulations made under it affects the use or disclosure of information about a person in any other capacity (for example, the use or disclosure of information about a person in that person’s capacity as an officer of the company).

120BOffence of failing to comply with regulations under section 120A

1

If a company contravenes a restriction on the use or disclosure of information imposed by virtue of regulations under section 120A, an offence is committed by—

a

the company, and

b

every officer of the company who is in default.

2

A person guilty of an offence under this section is liable on summary conviction—

a

in England and Wales, to a fine;

b

in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale and, for continued contravention, a daily default fine not exceeding one-tenth of level 5 on the standard scale.

aa

any application or other document delivered to the registrar under regulations under section 120A (protection of individual membership information);

128ZATransitional provision where information kept on central register

1

Where an election is made under section 128B (option to keep information on central register) at any time before the repeal of that section by the Economic Crime and Corporate Transparency Act 2023—

a

the company must enter in its register of members all of the information that it would have had to enter in that register if the election had never been made (but see subsection (2)), and

b

the duty imposed by paragraph (a) is to be treated as having been imposed by the provision which would have required the information to be entered on the register if the election had never been made.

2

Where, by virtue of section 128E(3)(a), (b) or (c), information delivered to the registrar while the election was in force did not include a date that, but for the election, the company would have had to enter in its register of members (a “relevant date”), the relevant date is to be treated as being the date recorded by the registrar under section 1081(1A).

da

relevant date of birth information that section 1087A provides is not to be made available for public inspection;

1087AProtection of date of birth information

1

The registrar must not make available for public inspection—

a

so much of any document delivered to the registrar as is required to contain relevant date of birth information;

b

any record of the information contained in part of a document that is unavailable because of paragraph (a).

2

This section has limited application in relation to documents delivered before it comes fully into force: see section 1087B.

3

“Relevant date of birth information” means—

a

information as to the day of the month (but not the month or year) on which a director (or proposed director) was born;

b

information as to the day of the month (but not the month or year) on which a registrable person in relation to the company was born.

4

Information about a director (or proposed director) or registrable person does not cease to be relevant date of birth information when they cease to be a director (or proposed director) or registrable person.

5

Subsection (1)(b) does not affect the availability for public inspection of the same information contained in material derived from a part of a document that was not required to contain the information.

6

In this section “registrable person”, in relation to a company, has the meaning given by section 790C(4).

1087BProtection of date of birth information in old documents

1

This section limits the extent to which section 1087A applies in relation to documents delivered to the registrar before that section comes fully into force (“old documents”).

2

Section 1087A does not apply in relation to any old documents registered before 10 October 2015.

3

Section 1087A does not apply in relation to any old document that is—

a

a statement of a company’s proposed officers delivered under section 9 in circumstances where the subscribers gave notice of election under section 167A (election to keep information on central register) in respect of the company’s register of directors when the statement was delivered;

b

a document delivered by the company under section 167D (duty to notify registrar of changes while election in force);

c

a statement of initial significant control delivered under section 9 in circumstances where the subscribers gave notice of election under section 790X in respect of the company when the statement was delivered;

d

a document containing a statement or updated statement delivered by the company under section 790X(6)(b) or (7) (statement accompanying notice of election made after incorporation);

e

a document delivered by the company under section 790ZA (duty to notify registrar of changes while election in force).

4

Section 1087A does not apply in relation to any old document if—

a

the document is—

i

a statement of proposed officers delivered under section 9, or

ii

notice given under section 167 of a person having become a director of the company,

b

after the delivery of the document an election was made under section 167A in respect of the company’s register of directors, and

c

the relevant date of birth information relates to a person who was a director of the company when that election took effect.

5

References in subsections (3)(a) to (e) and (4)(a) to (c) to a provision of this Act are to the provision as it had effect at the time at which the document was delivered (the provisions in question were repealed by the Economic Crime and Corporate Transparency Act 2023).

1087CDisclosure of date of birth information

1

The registrar must not disclose relevant date of birth information except—

a

in accordance with subsection (2) or (3), or

b

as permitted by section 1110F (general powers of disclosure by the registrar).

2

The registrar may disclose relevant date of birth information if the information is made available for public inspection.

3

The registrar may disclose relevant date of birth information to a credit reference agency (as defined by section 243(7)).

4

Subsections (3) to (8) of section 243 (permitted disclosure of address information by the registrar) apply for the purposes of subsection (3) as for the purposes of that section (reading references there to protected information as references to relevant date of birth information).

5

In this section “relevant date of birth information” has the meaning given by section 1087A(3).

2

The exemption is relevant to section 416(3) (contents of report: statement of amount recommended by way of dividend).

7

This section does not apply to companies within—

a

section 443A (filing obligations of micro-entities), or

b

section 444 (filing obligations of small companies other than micro-entities).

5

This section does not apply to companies within—

a

section 443A (filing obligations of micro-entities),

b

section 444 (filing obligations of small companies other than micro-entities), or

c

section 445 (filing obligations of medium-sized companies).

468AUse or disclosure of profit and loss accounts for certain companies

1

The Secretary of State may by regulations make provision requiring the registrar, on application or otherwise—

a

not to make available for public inspection profit and loss accounts, or parts of them, delivered to the registrar under—

• section 443A (micro-entities), or

• section 444 (other small companies);

b

to refrain from disclosing such accounts, or parts of them, except in specified circumstances.

2

Regulations under subsection (1) which provide for the making of an application may make provision as to—

a

who may make an application;

b

the grounds on which an application may be made;

c

the information to be included in and documents to accompany an application;

d

the notice to be given of an application and of its outcome;

e

how an application is to be determined;

f

the duration of, and procedures for revoking, any restrictions on the making of information available for public inspection or its disclosure.

3

Provision under subsection (2)(e) or (f) may in particular provide for a question to be referred to a person other than the registrar for the purposes of determining the application or revoking the restrictions.

4

The circumstances that may be specified under subsection (1)(b) by way of an exception to a restriction on disclosure include circumstances where the court has made an order, in accordance with the regulations, authorising disclosure.

5

Regulations under subsection (1)(b) may not require the registrar to refrain from disclosing information under section 1110F (general powers of disclosure by the registrar).

6

Regulations under this section may in particular confer a discretion on the registrar.

7

Regulations under this section are subject to affirmative resolution procedure.

bba

the following—

i

any application or other document delivered to the registrar under regulations under section 468A (regulations protecting profit and loss accounts for certain companies);

ii

any information which regulations under section 468A require not to be made available for public inspection;

Identity verification obligations for persons with significant control

790LMInitial identity verification: registrable persons

1

This section applies in the following cases.

• Case 1 is where—

  1. a

     a company is incorporated in pursuance of an application for registration containing a statement under section 12A(1)(a) naming a person as someone who will, on the company’s incorporation, become a registrable person (“the registrable person”),

  2. b

     the application does not include a statement under section 12B(2) in respect of the registrable person or it appears to the registrar that the statement is false, and

  3. c

     the company has not given a notice under section 790LG(1) in respect of the person.

• Case 2 is where—

  1. a

     the registrar is notified under section 790LF that a person has become a registrable person in relation to a company (“the registrable person”), and

  2. b

     the notice does not include a statement under section 790LB(1) or it appears to the registrar that the statement is false.

2

The registrar must direct the registrable person to deliver to the registrar, within the period of 14 days beginning with the date of the direction, a statement confirming that the person’s identity is verified (see section 1110A).

3

The registrar may by further direction extend that period by up to 14 days at a time.

4

A direction under this section must be in writing.

5

A direction given to a person under this section lapses if notice is later given under section 790LG(1) in respect of that person.

6

In this section “registrable person” does not include a person mentioned in section 790C(12)(a) to (d).

790LNInitial identity verification for registrable persons: transitional cases

1

A person must deliver to the registrar the statement required by this section if the person—

a

is a registrable person in relation to a company at any time during the appointed day, and

b

either—

i

became a registrable person on the incorporation of the company in pursuance of an application for registration delivered before section 12B(2) came fully into force, or

ii

became a registrable person, otherwise than on the incorporation of the company, before the day on which section 790LB(1) came fully into force.

2

The statement required by this section is a statement confirming that person’s identity is verified (see section 1110A).

3

A statement required by this section must be delivered within the period of 14 days beginning with the appointed day.

4

But the registrar may by direction in writing extend that period by up to 14 days at a time.

5

In this section—

• “the appointed day” means such day as the Secretary of State may by regulations appoint for the purposes of this section;

• “registrable person” does not include a person mentioned in section 790C(12)(a) to (d).

6

The appointed day must not be before sections 12B(2) and 790LB(1) have been brought fully into force.

790LOInitial identity verification: registrable relevant legal entities

1

This section applies in the following cases.

• Case 1 is where—

  1. a

     a company is incorporated in pursuance of an application for registration containing a statement under section 12A(1)(a) naming a person as a person who will, on the company’s incorporation become a registrable relevant legal entity (“the entity”),

  2. b

     the application does not include a statement under section 12B(3) in respect of the entity, or is not accompanied by a statement under section 12B(4) by the person whose name is specified in the statement under section 12B(3), or it appears to the registrar that either statement is false, and

  3. c

     the company has not given a notice under section 790LG(1) in respect of the entity.

• Case 2 is where—

  1. a

     the registrar is notified under section 790LA that a person has become a registrable relevant legal entity in relation to a company (“the entity”), and

  2. b

     the notice does not include a statement under section 790LB(2), or it is not accompanied by a statement under section 790LB(3), or it appears to the registrar that either statement is false.

2

The registrar must direct the entity to deliver to the registrar, within the period of 28 days beginning with the date of the direction—

a

a statement by the entity that—

i

specifies the name of one of its relevant officers who is an individual and whose identity is verified, and

ii

confirms that the individual’s identity is verified, and

b

a statement by the individual confirming that the individual is a relevant officer of the entity.

3

The registrar may by further direction extend that period by up to 28 days at a time.

4

A direction under this section must be in writing.

5

A direction given to an entity under this section lapses if notice is later given under section 790LG(1) in respect of that entity.

6

In subsection (2) “relevant officer”—

a

in relation to a company, means a director;

b

in relation to a legal entity the affairs of which are managed by its members, means one of those members;

c

in relation to any other legal entity, means an officer of the entity whose functions correspond to that of a director of a company.

790LPInitial identity verification in respect of registrable relevant legal entities: transitional cases

1

A person must deliver to the registrar the statements required by this section if the person—

a

is a registrable relevant legal entity in relation to a company at any time during the appointed day, and

b

either—

i

became a registrable relevant legal entity on the incorporation of the company in pursuance of an application for registration delivered before section 12B(3) and (4) came fully into force, or

ii

became a registrable relevant legal entity, otherwise than on the incorporation of the company, before section 790LB(2) and (3) came fully into force.

2

The statements are—

a

a statement by the entity that—

i

specifies the name of one of its relevant officers who is an individual and whose identity is verified, and

ii

confirms that the individual’s identity is verified, and

b

a statement by the individual confirming that the individual is a relevant officer of the entity.

3

The statements required by this section must be delivered within the period of 28 days beginning with the appointed day.

4

But the registrar may by direction in writing extend that period by up to 28 days at a time.

5

In this section—

• “the appointed day” means such day as the Secretary of State may by regulations appoint for the purposes of this section;

• “relevant officer” has the meaning given by section 790LO(6).

6

The appointed day must not be before sections 12B(3) and (4) and 790LB(2) and (3) have been brought fully into force.

790LQRegistrable persons: duty to maintain verified identity status

1

A registrable person in relation to a company must ensure that, throughout the relevant period, they maintain the status of a person whose identity is verified (see section 1110A).

2

In this section “the relevant period” means the period—

a

beginning with—

i

the incorporation of the company, in a case where the person became a registrable person on its incorporation and the application for registration of the company included a statement under section 12B(2) in respect of the person,

ii

the delivery to the registrar of a statement in respect of the person under section 790LB(1), in a case where the person became a registrable person after the incorporation of the company and such a statement was delivered to the registrar,

iii

the expiry of the period for complying with the direction under section 790LM, in a case where a direction under that section is given to the person, and

iv

the expiry of the period for complying with section 790LN, in a case where that section applies to the person, and

b

ending on the giving of a notice to the registrar under section 790LF that the person has ceased to be a registrable person in relation to the company.

3

In this section “registrable person” does not include a person mentioned in section 790C(12)(a) to (d).

790LRRegistrable relevant legal entities: duty to maintain registered officer whose identity is verified

1

A registrable relevant legal entity in relation to a company must ensure that, throughout the relevant period, its registered officer—

a

is a relevant officer of the entity, and

b

is an individual whose identity is verified (see section 1110A).

2

In this section “registered officer”, in relation to a registrable relevant legal entity, means—

a

the person whose name is specified in—

i

a statement delivered to the registrar in respect of the entity under section 12B(3) or 790LB(2),

ii

a statement delivered to the registrar by the entity in pursuance of a direction under section 790LO(2), or

iii

a statement delivered to the registrar under section 790LP(2),

unless the entity has changed its registered officer under section 790LS, or

b

if the entity has changed its registered officer under section 790LS, the person specified in the latest notice under that section.

3

In this section “the relevant period” means the period—

a

beginning with—

i

the incorporation of the company, in a case where the entity became a relevant registrable legal entity on the incorporation of the company and the application for registration of the company included a statement under section 12B(3) in respect of the entity,

ii

the delivery to the registrar of a statement in respect of the registrable relevant legal entity under section 790LB(2), in a case where the entity became a relevant registrable legal entity after the incorporation of the company and such a statement was delivered to the registrar,

iii

the expiry of the period for complying with the direction 790LO, in a case where the entity is given a direction under that section, and

iv

the expiry of the period for complying with section 790LP, where that section applies to the entity, and

b

ending with the giving of a notice to the registrar under section 790LF that the entity has ceased to be a relevant registrable legal entity in relation to the company,

but see subsection (4).

4

If the registered officer of a registrable relevant legal entity ceases to be a relevant officer of that entity, “the relevant period” does not include the period of 28 days beginning with the day on which the person so ceases.

5

In this section “relevant officer” has the meaning given by section 790LO(6).

790LSRegistrable relevant legal entities: change of registered relevant officer

1

A registrable relevant legal entity may change its registered officer for the purposes of section 790LR by giving notice to the registrar.

2

The notice must include a statement by the entity that the new registered officer—

a

is a relevant officer of the entity, and

b

is an individual whose identity is verified (see section 1110A).

3

The notice must be accompanied by a statement by the individual who is the new registered officer confirming that the individual is a relevant officer of the registrable relevant legal entity.

4

In this section “relevant officer” has the meaning given by section 790LO(6).

790LTOffence of failing to comply with sections 790LM to 790LR

1

It is an offence for a person to fail, without reasonable excuse, to comply with—

a

any of the following sections—

• section 790LN;

• section 790LP;

• section 790LQ;

• section 790LR;

b

a direction under section 790LM or 790LO.

2

Where an offence under this section is committed by a registrable relevant legal entity, every officer of the entity who is in default also commits the offence.

3

A person guilty of an offence under this section is liable on summary conviction—

a

in England and Wales, to a fine;

b

in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale and, for continued contravention, a daily default fine not exceeding one-tenth of level 5 on the standard scale.

• sections 1110A and 1110B (identity verification),

gc

any document delivered to the registrar under regulations under section 1110B;

Identity verification

1110AMeaning of “identity is verified”

1

For the purposes of this Act an individual’s “identity is verified” if—

a

the individual’s identity has been verified by the registrar in accordance with regulations under section 1110B, or

b

a verification statement in respect of the individual has been delivered to the registrar,

and the individual has not, since then, ceased to be an individual whose identity is verified by virtue of regulations under subsection (6).

2

A verification statement is a statement by an authorised corporate service provider confirming that it has verified an individual’s identity in accordance with regulations under section 1110B.

3

A verification statement must also specify the authorised corporate service provider’s supervisory authority or authorities for the purposes of the Money Laundering Regulations.

4

The Secretary of State may by regulations make further provision about the contents of verification statements (including provision amending this section).

5

Where a person is required or authorised by any other provision to deliver a statement to the registrar that an individual’s identity is verified, that statement may be delivered at the same time as the verification statement by virtue of which the individual becomes someone whose identity is verified under subsection (1)(b).

6

The Secretary of State may by regulations provide for circumstances in which someone ceases to be an individual whose identity is verified.

7

The provision that can be made under subsection (6) includes—

a

provision to confer a discretion on the registrar;

b

provision that someone ceases to be an individual whose identity is verified unless, within a specified period of time—

i

their identity is reverified by the registrar in accordance with regulations under section 1110B, or

ii

an authorised corporate service provider delivers to the registrar a statement: (A) confirming that it has reverified the individual’s identity in accordance with regulations under section 1110B, (B) specifying the authorised corporate service provider’s supervisory authority or authorities for the purposes of the Money Laundering Regulations, and (C) containing anything else required by the regulations.

8

Regulations under this section are subject to affirmative resolution procedure.

9

In this section—

• “Money Laundering Regulations” means the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (S.I. 2017/692);

• “supervisory authority” means an authority that is a supervisory authority under the Money Laundering Regulations (see regulation 7 of those Regulations).

1110BVerification requirements

1

The Secretary of State may by regulations make provision for and in connection with verification or reverification of an individual’s identity for the purposes of this Act by the registrar or by an authorised corporate service provider.

2

The regulations may, in particular, make provision about—

a

the procedure for verifying or reverifying an individual’s identity, including the evidence required;

b

the records that a person who is or has been an authorised corporate service provider is required to keep in connection with the verification or reverification of an individual’s identity.

3

The regulations may create offences in relation to failures to comply with requirements imposed by virtue of subsection (2)(b).

4

The regulations must provide for any such offence to be punishable—

a

on conviction on indictment, by imprisonment for a term not exceeding two years or a fine (or both);

b

on summary conviction—

i

in England and Wales, by imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

ii

in Scotland, by imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both) and, for continued contravention, a daily default fine not exceeding one-fifth of the statutory maximum;

iii

in Northern Ireland, by imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both) and, for continued contravention, a daily default fine not exceeding one-fifth of the statutory maximum.

5

The provision that can be made in regulations under this section includes provision conferring a discretion on the registrar, including provision conferring power to impose requirements by registrar’s rules.

6

Regulations under this section are subject to affirmative resolution procedure.