Economic Crime and Corporate Transparency Act 2023
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Change 1
22 Company names: exceptions based on national security etc
After section 76D of the Companies Act 2006 (inserted by section 20 of this Act) insert— CHAPTER 4A Exceptions Exceptions based on national security etc 76E (1) Nothing in this Part prevents the registration of a company under this Act by a name if the Secretary of State is satisfied that the registration of the company by that name is necessary— (a) in the interests of national security, or (b) for the purposes of preventing or detecting serious crime. (2) For the purposes of subsection (1)(b)— (a) “crime” means conduct which— (i) constitutes a criminal offence, or (ii) is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute a criminal offence, and (b) crime is “serious” if— (i) the offence which is or would be constituted by the conduct is an offence for which the maximum sentence (in any part of the United Kingdom) is imprisonment for 3 years or more, or (ii) the conduct involves the use of violence, results in substantial financial gain or is conduct by a large number of persons in pursuit of a common purpose.
22 Company names: exceptions based on national security etc
After section 76D of the Companies Act 2006 (inserted by section 20 of this Act) insert— CHAPTER 4A Exceptions Exceptions based on national security etc 76E (1) Nothing in this Part prevents the registration of a company under this Act by a name if the Secretary of State is satisfied that the registration of the company by that name is necessary— (a) in the interests of national security, or (b) for the purposes of preventing or detecting serious crime. (2) For the purposes of subsection (1)(b)— (a) “crime” means conduct which— (i) constitutes a criminal offence, or (ii) is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute a criminal offence, and (b) crime is “serious” if— (i) the offence which is or would be constituted by the conduct is an offence for which the maximum sentence (in any part of the United Kingdom) is imprisonment for 3 years or more, or (ii) the conduct involves the use of violence, results in substantial financial gain or is conduct by a large number of persons in pursuit of a common purpose.
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