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Economic Crime (Transparency and Enforcement) Act 2022

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Change 1

What to do with it
As published

13 Additional powers to obtain information

(1) An overseas entity may give a person an information notice under this section if it knows or has reasonable cause to believe that the person knows the identity of— (a) a person who is a registrable beneficial owner in relation to the overseas entity, (b) any legal entity not falling within paragraph (a) that is a beneficial owner in relation to the overseas entity, or (c) a person likely to have knowledge of the identity of a person within paragraph (a) or (b). (2) An information notice under this section is a notice requiring the addressee— (a) to state whether or not the addressee knows the identity of a person within paragraph (a), (b) or (c) of subsection (1), and (b) if so— (i) to supply any information that the addressee has that might help the overseas entity to identify that person, and (ii) to state whether that information is being supplied with the knowledge of the person to whom it relates. (3) An information notice under this section must require the person to whom it is given to comply with the notice within the period of one month beginning with the day on which it is given. (4) A person given a notice under subsection (1) is not required by that notice to disclose any information in respect of which a claim to legal professional privilege or, in Scotland, confidentiality of communications, could be maintained in legal proceedings. (5) In this section a reference to knowing the identity of a person includes knowing information from which that person can be identified. (6) A reference in this section to a person who is a registrable beneficial owner in relation to an overseas entity includes, in connection with the obtaining of information required by section 7(1)(b), 9(1)(c) or 42(1)(c)(i), a reference to a person who has ceased to be a registrable beneficial owner.

Your change, as a redline

13 Additional powers to obtain information

(1) An overseas entity may give a person an information notice under this section if it knows or has reasonable cause to believe that the person knows the identity of— (a) a person who is a registrable beneficial owner in relation to the overseas entity, (b) any legal entity not falling within paragraph (a) that is a beneficial owner in relation to the overseas entity, or (c) a person likely to have knowledge of the identity of a person within paragraph (a) or (b). (2) An information notice under this section is a notice requiring the addressee— (a) to state whether or not the addressee knows the identity of a person within paragraph (a), (b) or (c) of subsection (1), and (b) if so— (i) to supply any information that the addressee has that might help the overseas entity to identify that person, and (ii) to state whether that information is being supplied with the knowledge of the person to whom it relates. (3) An information notice under this section must require the person to whom it is given to comply with the notice within the period of one month beginning with the day on which it is given. (4) A person given a notice under subsection (1) is not required by that notice to disclose any information in respect of which a claim to legal professional privilege or, in Scotland, confidentiality of communications, could be maintained in legal proceedings. (5) In this section a reference to knowing the identity of a person includes knowing information from which that person can be identified. (6) A reference in this section to a person who is a registrable beneficial owner in relation to an overseas entity includes, in connection with the obtaining of information required by section 7(1)(b), 9(1)(c) or 42(1)(c)(i), a reference to a person who has ceased to be a registrable beneficial owner.

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