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Economic Crime (Transparency and Enforcement) Act 2022

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This is the original version (as it was originally enacted).

4Application for registration

This section has no associated Explanatory Notes

(1)An application by an overseas entity for registration must be delivered to the registrar and contain—

(a)the statement and information listed in row 1, 2 or 3 of the table, and, where applicable, the statement and information mentioned in subsection (3),

(b)a statement that the entity has complied with section 12 (duty to take steps to identify registrable beneficial owners etc),

(c)anything required by regulations under section 16 (verification of registrable beneficial owners and managing officers) to be delivered to the registrar, and

(d)the name and contact details of an individual who may be contacted about the application.

(2)This is the table—

StatementInformation
1

A statement:

(a)

that the entity has identified one or more registrable beneficial owners and that it has no reasonable cause to believe there are others, and

(b)

that the entity is able to provide the required information about each registrable beneficial owner it has identified.

1.

The required information about the entity.

2.

The required information about each registrable beneficial owner that the entity has identified.

2A statement that the entity has no reasonable cause to believe that it has any registrable beneficial owners.
1.

The required information about the entity.

2.

The required information about each managing officer of the entity.

3

A statement:

(a)

that the entity has reasonable cause to believe that there is at least one registrable beneficial owner that it has not identified,

(b)

that the entity is not able to provide the required information about one or more of the registrable beneficial owners it has identified, or

(c)

that paragraphs (a) and (b) both apply.

1.

The required information about the entity.

2.

The required information about each managing officer of the entity.

3.

The required information about each registrable beneficial owner that the entity has identified or so much of that information as it has been able to obtain.

(3)Where an application includes information that a registrable beneficial owner is a trustee (see paragraphs 3(1)(f) and 5(1)(h) of Schedule 1), the application must also include—

(a)the required information about the trust or so much of that information as the overseas entity has been able to obtain, and

(b)a statement as to whether the entity has any reasonable cause to believe that there is required information about the trust that it has not been able to obtain.

(4)For the required information, see Schedule 1.

(5)For the meaning of “registrable beneficial owner”, see Schedule 2.

(6)The Secretary of State may by regulations specify additional statements or information that must be included in an application under this section.

(7)Regulations under subsection (6) are subject to the negative resolution procedure.

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