Change 1 Article Choose an article Title and introductory text 1 The registrar’s objectives 2 Statement as to lawful purposes 3 Information about subscribers 4 Proposed officers: identity verification 5 Proposed officers: disqualification 6 Persons with initial significant control: disqualification 7 Persons with initial significant control: identity verification 8 Names for criminal purposes 9 Names suggesting connection with foreign governments etc 10 Names containing computer code 11 Prohibition on re-registering name following direction 12 Prohibition on using name that another company has been directed to change 13 Directions to change name: period for compliance 14 Requirements to change name: removal of old name from public inspection 15 Objections to company’s registered name 16 Misleading indication of activities 17 Direction to change name used for criminal purposes 18 Direction to change name wrongly registered 19 Registrar’s power to change names containing computer code 20 Registrar’s power to change company’s name for breach of direction 21 Sections 19 and 20: consequential amendments 22 Company names: exceptions based on national security etc 23 Use of name suggesting connection with foreign governments etc 24 Use of name giving misleading indication of activities 25 Use of name that a company has been required to change 26 Use of name that another company has been required to change 27 Use of names: exceptions based on national security etc 28 Registered office: appropriate address 29 Registered email addresses etc 30 Registered email addresses: transitional provision 31 Disqualification for persistent breaches of companies legislation: GB 32 Disqualification for persistent breaches of companies legislation: NI 33 Disqualification on summary conviction: GB 34 Disqualification on summary conviction: NI 35 Power to impose director disqualification sanctions 36 Disqualification of persons designated under sanctions legislation: GB 37 Section 36: application to other bodies 38 Disqualification of persons designated under sanctions legislation: NI 39 Section 38: application to other bodies 40 Disqualified directors 41 Section 40: amendments to clarify existing corresponding provisions 42 Repeal of power to require additional statements 43 Prohibition on director acting unless ID verified 44 Prohibition on acting unless directorship notified 45 Registrar’s power to change a director’s service address 46 Register of members: information to be included and powers to obtain it 47 Additional ground for rectifying the register of members 48 Register of members: protecting information 49 Register of members: removal of option to use central register 50 Membership information: one-off statement 51 Abolition of local registers etc 52 Protection of date of birth information 53 Filing obligations of micro-entities 54 Filing obligations of small companies other than micro-entities 55 Sections 53 and 54: consequential amendments 56 Use or disclosure of profit and loss accounts for certain companies 57 Statements about exemption from audit requirements 58 Removal of option to abridge Companies Act accounts 59 Confirmation statements 60 Duty to confirm lawful purposes 61 Duty to notify a change in company’s principal business activities 62 Duty to deliver information about exemption from Part 21A 63 Confirmation statements: offences 64 Identity verification of persons with significant control 65 Procedure etc for verifying identity 66 Authorisation of corporate service providers 67 Exemption from identity verification: national security grounds 68 Allocation of unique identifiers 69 Identity verification: material unavailable for public inspection 70 Registrar’s power to strike off company registered on false basis 71 Requirements for administrative restoration 72 Delivery of documents: identity verification etc 73 Disqualification from delivering documents 74 Proper delivery: requirements about who may deliver documents 75 Delivery of documents by electronic means 76 Delivery of order confirming reduction of share capital 77 Delivery of statutory declaration of solvency 78 Registrar’s rules requiring documents to be delivered together 79 Power to reject documents for inconsistencies 80 Informal correction of document 81 Preservation of original documents 82 Records relating to dissolved companies etc 83 Power to require additional information 84 Registrar’s notice to resolve inconsistencies 85 Administrative removal of material from the register 86 Rectification of the register under court order 87 Power to require businesses to report discrepancies 88 Inspection of the register: general 89 Copies of material on the register 90 Material not available for public inspection 91 Protecting information on the register 92 Analysis of information for the purposes of crime prevention or detection 93 Fees: costs that may be taken into account 94 Disclosure of information 95 Use or disclosure of directors’ address information by companies 96 Use or disclosure of PSC information by companies 97 Use of directors’ address information by registrar 98 Change of addresses of officers of overseas companies by registrar 99 Overseas companies: availability of material for public inspection etc 100 Registered addresses of an overseas company 101 Overseas companies: identity verification of directors 102 General false statement offences 103 False statement offences: national security etc defence 104 Financial penalties 105 Registered office: rectification of register 106 Rectification of register: service addresses 107 Rectification of register: principal office addresses 108 Service of documents on people with significant control 109 Meaning of “limited partnership” 110 Required information about partners 111 Required information about partners: transitional provision 112 Details about general nature of partnership business 113 A limited partnership’s registered office 114 A limited partnership’s registered office: transitional provision 115 A limited partnership’s registered office: consequential amendments 116 A limited partnership’s registered email address 117 A limited partnership’s registered email address: transitional provision 118 Restrictions on general partners 119 Officers of general partners 120 Officers of general partners: transitional provision 121 Removal of option to authenticate application by signature 122 Notification of information about partners 123 New partners: transitional provision about required information 124 New general partners: transitional provision about officers 125 Notification of other changes 126 Confirmation statements 127 Confirmation statements: Scottish partnerships 128 Power for HMRC to obtain accounts 129 Dissolution and winding up: modifications of general law 130 Dissolution by the court when a partner has a mental disorder 131 Winding up limited partnerships on grounds of public interest 132 Winding up dissolved limited partnerships 133 Power to make provision about winding up 134 Winding up of limited partnerships: concurrent proceedings 135 Sequestration of limited partnerships: concurrent winding up proceedings 136 The register of limited partnerships 137 Material not available for public inspection 138 Records relating to dissolved or deregistered limited partnerships 139 Disclosure of information about partners 140 Duty to notify registrar of dissolution 141 Registrar’s power to confirm dissolution of limited partnership 142 Registrar’s power to confirm dissolution: transitional provision 143 Voluntary deregistration of limited partnership 144 Removal of limited partnership from index of names 145 Delivery of documents relating to limited partnerships 146 General false statement offences 147 National security exemption from identity verification 148 Service on a limited partnership 149 Application of company law 150 Application of Partnership Act 1890 (meaning of firm) 151 Limited partnerships: regulations 152 Limited partnerships: further amendments 153 Registration of qualifying Scottish partnerships 154 Power to amend disqualification legislation in relation to relevant entities: GB 155 Power to amend disqualification legislation in relation to relevant entities: NI 156 Register of overseas entities 157 Required information about overseas entities: address information 158 Registration of information about land 159 Registration of information about trusts 160 Registration of information about managing officers: age limits 161 Registrable beneficial owners: cases involving trusts 162 Registrable beneficial owners: nominees 163 Information about changes in beneficiaries under trusts 164 Applications for removal 165 Verification of registrable beneficial owners and managing officers 166 Material unavailable for public inspection: verification information 167 Material unavailable for public inspection 168 Protection of information 169 Resolving inconsistencies in the register 170 Administrative removal of material from register 171 False statement offences in connection with information notices 172 General false statement offences 173 Enforcement of requirement to register: updated language about penalties etc 174 Overseas entities: further information for transitional cases 175 Financial penalties: interaction with offences 176 Meaning of “service address” 177 Meaning of “registered overseas entity” in land registration legislation 178 Power to apply Part 1 amendments to register of overseas entities 179 Cryptoassets: confiscation orders 180 Cryptoassets: civil recovery 181 Cryptoassets: terrorism 182 Money laundering: exiting and paying away exemptions 183 Money laundering: exemptions for mixed-property transactions 184 Money laundering: offences of failing to disclose 185 Money laundering: information orders 186 Terrorist financing: information orders 187 Enhanced due diligence: designation of high-risk countries 188 Direct disclosures of information: restrictions on civil liability 189 Indirect disclosure of information: restrictions on civil liability 190 Meaning of “privileged disclosure” 191 Meaning of “relevant actions” 192 Meaning of “business relationship” 193 Other defined terms in sections 188 to 191 194 Strategic litigation against public participation: requirement to make rules of court 195 Meaning of “SLAPP” claim 196 Attributing criminal liability for economic crimes to certain bodies 197 Power to amend list of economic crimes 198 Offences under section 196 committed by partnerships 199 Failure to prevent fraud 200 Fraud offences: supplementary 201 Section 199: large organisations 202 Large organisations: parent undertakings 203 Offences under section 199 committed by partnerships 204 Guidance about preventing fraud offences 205 Failure to prevent fraud: minor definitions 206 Failure to prevent fraud: miscellaneous 207 Law Society: powers to fine in cases relating to economic crime 208 Scottish Solicitors’ Discipline Tribunal: powers to fine in cases relating to economic crime 209 Regulators of legal services: objective relating to economic crime 210 Approved regulators: information powers relating to economic crime 211 Serious Fraud Office: pre-investigation powers 212 Reports on payments to governments regulations: false statement offences etc 213 Reports on the implementation and operation of Parts 1 to 3 214 Sanctions enforcement: monetary penalties 215 Report on costs orders for proceedings for civil recovery 216 Power to make consequential provision 217 Regulations 218 Extent 219 Commencement 220 Transitional provision 221 Short title SCHEDULE 1 Register of members: consequential amendments SCHEDULE 2 Abolition of certain local registers SCHEDULE 3 Disclosure of information: consequential amendments SCHEDULE 4 Required information SCHEDULE 5 Limited partnerships: consequential amendments SCHEDULE 6 Duty to deliver information about changes in beneficiaries SCHEDULE 7 Overseas entities: further information for transitional cases SCHEDULE 8 Cryptoassets: confiscation orders SCHEDULE 9 Cryptoassets: civil recovery SCHEDULE 10 Cryptoassets: terrorism SCHEDULE 11 Economic crime offences SCHEDULE 13 Failure to prevent fraud: fraud offences
What to do with it
As published
27 Use of names: exceptions based on national security etc
After section 1199 of the Companies Act 2006 insert—
Exceptions based on national security etc
1199A (1) The Secretary of State may, by written notice given to a person, provide that a prohibition imposed by this Chapter does not apply in relation to the carrying on of a business by that person under a name specified in the notice, if satisfied that to do so 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.
Your wording
Your change, as a redline
27 Use of names: exceptions based on national security etc
After section 1199 of the Companies Act 2006 insert—
Exceptions based on national security etc
1199A (1) The Secretary of State may, by written notice given to a person, provide that a prohibition imposed by this Chapter does not apply in relation to the carrying on of a business by that person under a name specified in the notice, if satisfied that to do so 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.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.