F1PART 21AInformation about people with significant control

CHAPTER 2ADuty to notify registrar of persons with significant control and ID verification

F2Identity verification obligations for persons with significant control

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.