Economic Crime and Corporate Transparency Act 2023
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Change 1
As published
6 Persons with initial significant control: disqualification
(1) Section 12A of the Companies Act 2006 (statement of initial significant control) is amended as follows.
(2) After subsection (1) insert—
(1A) If there is anyone who will be a registrable person, or a registrable relevant legal entity, in relation to the company on incorporation, the statement must also include—
(a) a statement that none of them is disqualified under the directors disqualification legislation (see section 159A(2)),
(b) if any of them would be so disqualified but for the permission of a court to act, a statement to that effect, in respect of each of them, specifying—
(i) the person’s name,
(ii) the court by which permission was given,
(iii) the date on which permission was given, and
(c) if any of them would be so disqualified by virtue of section 11A of the Company Directors Disqualification Act 1986 or Article 15A of the Company Directors Disqualification (Northern Ireland) Order 2002 (designated persons under sanctions legislation) but for the authority of a licence of the kind mentioned in that section or Article, a statement to that effect, in respect of each of them, specifying—
(i) the person’s name, and
(ii) the date on which the licence was issued and by whom it was issued.
(3) For subsection (4) substitute—
(4) In this section—
“permission of a court to act” means permission of a court under a provision mentioned in column 2 of the table in section 159A(2);
“registrable person” has the meaning given by section 790C (see also section 790J);
“registrable relevant legal entity” has the meaning given by section 790C (see also section 790J);
“required particulars” has the meaning given by section 790K.
Your change, as a redline
6 Persons with initial significant control: disqualification
(1) Section 12A of the Companies Act 2006 (statement of initial significant control) is amended as follows.
(2) After subsection (1) insert—
(1A) If there is anyone who will be a registrable person, or a registrable relevant legal entity, in relation to the company on incorporation, the statement must also include—
(a) a statement that none of them is disqualified under the directors disqualification legislation (see section 159A(2)),
(b) if any of them would be so disqualified but for the permission of a court to act, a statement to that effect, in respect of each of them, specifying—
(i) the person’s name,
(ii) the court by which permission was given,
(iii) the date on which permission was given, and
(c) if any of them would be so disqualified by virtue of section 11A of the Company Directors Disqualification Act 1986 or Article 15A of the Company Directors Disqualification (Northern Ireland) Order 2002 (designated persons under sanctions legislation) but for the authority of a licence of the kind mentioned in that section or Article, a statement to that effect, in respect of each of them, specifying—
(i) the person’s name, and
(ii) the date on which the licence was issued and by whom it was issued.
(3) For subsection (4) substitute—
(4) In this section—
“permission of a court to act” means permission of a court under a provision mentioned in column 2 of the table in section 159A(2);
“registrable person” has the meaning given by section 790C (see also section 790J);
“registrable relevant legal entity” has the meaning given by section 790C (see also section 790J);
“required particulars” has the meaning given by section 790K.
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