Регистратор компаний Великобритании

Практические руководства и инструкции, изданные Регистрационной палатой компаний Великобритании (the UK Companies House). Описывают процесс оформления устава, подачи документов и форм, оплаты пошлин, назначения должностных лиц (директоров и секретарей) и другие практические вопросы. Полный текст оригинала на английском языке.

Четверг, 27 июня 2019 апдейт:

3. Register of People with Significant Control

Please be aware that once an election has been made to keep the company's people with significant control (PSC) information on the public register at Companies House, rather than in the company's PSC register, the full date of birth of the PSC will be available on the public register. Anyone who wishes to see, or make a copy, of those details will be able to do so. For companies that keep their own register, their PSC's day of birth is withheld from public inspection.

Detailed information on PSC can be found in BIS guidance.

3.1 How to elect to keep PSC information on the public register at Companies House

You can elect whether to keep the company's PSC information on the public register either:

i) on incorporation, in which case the subscribers wishing to form the company must elect with the application to incorporate the company; or ii) an incorporated company can apply itself.

The election has no effect unless the company has given notice to registrable persons and registrable relevant legal entities (RLE) at least 14 days before the date of the election and no registrable person or RLE objects to the proposed election within that time. The subscribers and a company making an election must provide a statement with the election that no objection has been received.

If you apply after incorporation, your election must contain all the «current» information that is contained in the PSC register. «Current» refers to information about current registrable persons or RLEs at the time of the notice of election (as opposed to persons who used to be registrable persons or RLEs and whose information may still be in the register) and to any other matters that are current at that time.

A company must provide any updated information in the event of any change in the details in the PSC register between the time the notice of election is delivered to the registrar and the time the election takes effect. If the company's PSC register is rectified, it must also notify the registrar to ensure that the rectification is reflected in the public register.

3.2 When the election takes effect

An election takes effect when it is registered by the registrar. The election remains in force until the company ceases to be a private company or withdraws the election.

3.3 When an election is in force for the PSC register

A company that's made an election after incorporation must continue to keep the register it was required to hold before the election (historic register). Whilst the election is in force you don't need to update the historic register to reflect any new changes. Anyone can inspect copies of information on the historic register.

A company must put a note in the historic register that an election is in force, when it took place and that up to date information about PSC can be found on the public register. It's an offence to not put a note on the historic register.

The obligations of the historic register don't apply in relation to an election made by a subscriber who wants to form a company.

A company has to deliver and keep up to date information about its PSCs to the registrar, to be made available on the public register. More information about telling us about the PSC information for your company can be found here.

PSC information that you must send for an individual registrable person is:

name

service address

the country or state (or part of the United Kingdom) in which the individual is usually resident

nationality

date of birth

usual residential address

the date on which the individual became a registrable person in relation to the company in question

the nature of his or her control over that company

whether restrictions on using or disclosing any of the individual's PSC particulars are in force.

The information to be delivered for each registrable relevant legal entity is:

corporate or firm name

registered or principal office

the legal form of the entity and the law by which it is governed

if applicable, the register of companies in which it is entered (including details of the state) and its registration number in that register

the date on which it became a registrable relevant legal entity in relation to the company in question

the nature of its control over that company.

For an other registrable person (such as a corporation sole or local authority):

their name

their principal office

the legal form of the person and the law by which they're governed

the date on which they became a registrable person in relation to the company in question

the nature of their control over the company

More information about the different categories of PSC can be found in BEIS guidance.

3.4 Companies with PSC whose information is protected

Some companies will have PSC whose information is protected. This could mean that their usual residential address (URA) is protected so it isn't disclosed to credit reference agencies (CRAs), all of their PSC information is protected from disclosure on the public record, or both. Further information on restricting the disclosure of PSC information can be found on GOV.UK.

If there is a PSC whose URA is protected from being disclosed to CRAs, companies can file all their information with us as they normally would, digitally or on paper. There is a box on the application for incorporation and the relevant PSC forms which they should tick if an application for protection has been made or granted. The box on the form refers to an exemption under section 790ZF of Companies Act 2006.

If there's a PSC who has applied for or been granted protection so none of their PSC details are disclosed on the public register, the company of which that individual is a PSC will need to file any information relating to that PSC on paper. Special versions of the application for incorporation and individual PSC forms have been developed for this purpose and are only available from the secure registers team at Companies House. A copy of the forms can be requested by e-mailing the team on secureforms@companieshouse.gov.uk, or telephoning them on 02920 348354.

Data security is our primary concern with filings that may contain the information of a protected PSC. There is a dedicated team, with the requisite security clearance to view the information, dealing with all filings that contain secured information.

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