The Register of Overseas Entities (Delivery, Protection and Trust Services) Regulations 2022

PART 2 Electronic delivery of documents

Duty to deliver documents by electronic means

3.  Subject to regulation 4 (exception to the duty to deliver documents by electronic means), the following documents must be delivered to the registrar by electronic means(1)—

(a) an application for registration made under section 4 of the ECTEA (application for registration);

(b) the statements, information and any other thing required to be delivered to the registrar and referred to in section 7 of the ECTEA (updating duty);

(c) an application for removal made under section 9 of the ECTEA (application for removal);

(d) the replacement or additional documents referred to in section 27(2)(b) of the ECTEA (resolving inconsistencies in the register); and

(e) an application to rectify the register made under any regulations made under section 29 of the ECTEA (application to rectify register).

Exception to the duty to deliver documents by electronic means

4.—(1) The duty to deliver a document by electronic means in regulation 3 does not apply where the document relates to an application which has been made under regulation 7 and that application—

(a) has not yet been determined by the registrar and has not been withdrawn under regulation 9;

(b) has been determined by the registrar in favour of the applicant (but see paragraph (3));

(c) was unsuccessful and a period of 42 days beginning with the date of the notice sent under regulation 7(7) has not passed;

(d) was unsuccessful and an appeal to the court in respect of that application under regulation 10 has not been determined by the court; or

(e) was unsuccessful but the applicant has successfully appealed the determination and the final determination is that the application is successful (but see paragraph (3)).

(2) For the purposes of paragraph (1), a document relates to such an application where the document is to be delivered by or in respect of the same overseas entity in relation of which P is or used to be a registerable beneficial owner or a managing officer, where P is the relevant individual in respect of whom the application under regulation 7 has been made.

(3) Paragraph (1)(b) and (e) do not apply where the determination has ceased to have effect under regulation 12 (duration of a determination under regulation 7).

(1)

For the meaning of “delivered by electronic means” see section 1168(4) and (7) of the Companies Act 2006.