The European Public Limited-Liability Company (Register of People with Significant Control) Regulations 2016

7.  Regulation 27 of the 2016 Regulations is modified in its application to SEs so that it reads as follows—

“Application by a signatory to a statement of proposed members requiring the registrar to refrain from disclosing an individual’s usual residential address information to a credit reference agency

27.— (1) Where it is proposed to register an SE in the United Kingdom under regulations 5 to 10 of the European Public Limited-Liability Company Regulations 2004, a signatory to the statement of proposed members (“the applicant”) may make an application requiring the registrar to refrain from disclosing to a credit reference agency information within section 790ZF(2) of the Act relating to an individual (“R”) who proposes to become, on or after the registration of the SE to which the statement relates, a registrable person in relation to the SE.

(2) A signatory to a statement of proposed members may only make an application under paragraph (1) where R has given consent for the signatory to make the application on R’s behalf.

(3) The grounds on which an application may be made are that—

(a) the applicant reasonably believes that there is a serious risk that R, or a person who lives with R, will be subjected to violence or intimidation as a result of the proposed activities of the SE to which the statement of proposed members relates; or

(b) a section 243 decision has been made in respect of R which has not ceased to have effect under regulation 15 of the 2009 Regulations.

(4) Where the grounds of the application are those described in paragraph (3)(b), the application must only relate to one individual who proposes to become a registrable person in relation to the proposed SE.

(5) The application must contain—

(a) a statement of the grounds on which the application is made;

(b) confirmation that R consents to the making of the application;

(c) the name and any former name of the applicant;

(d) the usual residential address of the applicant;

(e) the e-mail address of the applicant, if any;

(f) the name of the proposed SE to which the statement of proposed members relates;

(g) the name and any former name of R;

(h) the date of birth of R;

(i) the usual residential address of R;

(j) the e-mail address of R, if any;

(k) where R is a registrable person in relation to another company, the name and registered number of that company; and

(l) where the grounds of the application are those described in paragraph (3)(b), the name and registered number of the company in relation to which the section 243 decision was made, unless the section 243 decision relates to a proposed company which was never incorporated.

(6) Where the grounds of the application are those described in (3)(a), the application must be accompanied by evidence which supports the applicant’s statement of the grounds on which the application is made.

(7) The registrar must determine the application and, within 7 days beginning with the date that the determination is made, send to the applicant and to R notice of the determination.

(8) Where the application is unsuccessful, the notice under paragraph (7) must inform the applicant of the applicant’s right to apply for permission to appeal against the determination within 28 days beginning with the date of the notice.”