- Latest available (Revised)
- Original (As enacted)
There are currently no known outstanding effects for the Economic Crime (Transparency and Enforcement) Act 2022, Paragraph 9.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
9(1)This paragraph specifies the circumstances in which, for the purposes of paragraph 8—
(a)a person (“V”) is to be regarded as holding an interest in an overseas entity (“entity W”);
(b)an interest held by V in entity W is to be regarded as held through a legal entity.
(2)V holds an interest in entity W if—
(a)V holds, directly or indirectly, shares in entity W,
(b)V holds, directly or indirectly, voting rights in entity W,
(c)V holds, directly or indirectly, the right to appoint or remove any member of the board of directors of entity W,
(d)V has the right to exercise, or actually exercises, significant influence or control over entity W, or
(e)the following conditions are both satisfied—
(i)the trustees of a trust, or the members of a partnership, unincorporated association or other entity, that is not a legal person under the law by which it is governed hold an interest in entity W in a way mentioned in any of paragraphs (a) to (d);
(ii)V has the right to exercise, or actually exercises, significant influence or control over the activities of that trust or entity.
(3)Where V—
(a)holds an interest in entity W by virtue of indirectly holding shares or a right, and
(b)does so by virtue of having a majority stake (see paragraph 18) in—
(i)a legal entity (“L”) which holds the shares or right directly, or
(ii)a legal entity that is part of a chain of legal entities such as is described in paragraph 18(1)(b) or (2)(b) that includes L,
V holds the interest in entity W through L and, where relevant, through each other legal entity in the chain.
Commencement Information
I1Sch. 2 para. 9 not in force at Royal Assent, see s. 69
I2Sch. 2 para. 9 in force at 1.8.2022 (except in so far as relating to ss. 7–11 of the Act) by S.I. 2022/876, reg. 3(b)
I3Sch. 2 para. 9 in force at 12.10.2022 by S.I. 2022/1039, reg. 2(b)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: