The Companies and Limited Liability Partnerships (Annotations, Application and Modification of Company Law and Consequential Amendments) Regulations 2025
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Change 1
8 Amendments to the Companies Authorised to Register, Unregistered Companies and Overseas Companies (Application of Company Law) Regulations 2025
(1) The Companies Authorised to Register, Unregistered Companies and Overseas Companies (Application of Company Law) Regulations 2025 are amended as follows. (2) In regulation 6(3) (transitional provision for overseas companies)— (a) for “section 167M(1)” substitute “section 167M(3)”, and (b) for “section 167M(2)” substitute “section 167M(4)”. (3) For regulation 5 (transitional provision for unregistered companies) substitute— Transitional provision for unregistered companies 5 (1) This regulation applies in relation to an individual who became a director of an unregistered company before the relevant day. (2) That company must deliver to the registrar an identity verification statement in respect of that individual at the same time as the company delivers its next confirmation statement during the transitional period. (3) If the company fails to deliver a confirmation statement during the transitional period, the company must deliver to the registrar an identity verification statement in respect of the individual referred to in paragraph (1) at the same time as the company delivers its next confirmation statement. (4) The duty— (a) in paragraph (2) does not apply if the individual is not a director of the company at the time mentioned in that paragraph; (b) in paragraph (3) does not apply if the individual is not a director of the company at the time mentioned in that paragraph. (5) Section 853A(1)(b)(i) of the 2006 Act (duty to deliver confirmation statements) has effect as if it included a reference to the duties imposed by paragraphs (2) and (3). (6) Where, on the relevant day, the delivery period within which the confirmation statement referred to in paragraph (2) is required to be delivered has yet to begin, or has already begun but is not yet expired, section 167M(1) of the 2006 Act (prohibition on director acting unless ID verified) does not apply to the individual, and section 167M(2) of the 2006 Act does not apply to the company with respect to that individual, until— (a) the day on which the company complies with the duty in section 853A(1), or (b) if the company does not so comply, the day after the last day of the delivery period. (7) Where, on the relevant day, the company has an overdue confirmation statement, section 167M(1) of the 2006 Act does not apply to the individual, and section 167M(2) of the 2006 Act does not apply to the company with respect to that individual, until the earlier of— (a) the day on which the company complies with paragraph (2), or (b) the day which is the end of the period of 14 days beginning with the relevant day. (8) For the purposes of paragraph (7), the company has an overdue confirmation statement if it has failed to deliver a confirmation statement by the end of its last delivery period with an end date before the relevant day and on the relevant day the company has still not delivered that confirmation statement. (9) In this regulation— “the 2006 Act” means the Companies Act 2006; “the 2023 Act” means the Economic Crime and Corporate Transparency Act 2023; “confirmation statement” has the meaning given by section 853A(1)(b) of the 2006 Act; “delivery period” means the period mentioned in section 853A(1) of the 2006 Act; “identity verification statement” means a statement in respect of an individual confirming that their identity is verified within the meaning of section 1110A of the 2006 Act (meaning of “identity is verified”); “the registrar” has the meaning given in section 1060(3) of the 2006 Act; “relevant day” means the date that section 43 of the 2023 Act (prohibition on director acting unless ID verified) comes into force; “transitional period” means the period beginning on the relevant day and ending on the date that is 12 months after the relevant day. (10) References to sections 167M and 853A of the 2006 Act are to those provisions as applied to unregistered companies by regulation 3 of, and Schedule 1 to, the Unregistered Companies Regulations 2009. .
8 Amendments to the Companies Authorised to Register, Unregistered Companies and Overseas Companies (Application of Company Law) Regulations 2025
(1) The Companies Authorised to Register, Unregistered Companies and Overseas Companies (Application of Company Law) Regulations 2025 are amended as follows. (2) In regulation 6(3) (transitional provision for overseas companies)— (a) for “section 167M(1)” substitute “section 167M(3)”, and (b) for “section 167M(2)” substitute “section 167M(4)”. (3) For regulation 5 (transitional provision for unregistered companies) substitute— Transitional provision for unregistered companies 5 (1) This regulation applies in relation to an individual who became a director of an unregistered company before the relevant day. (2) That company must deliver to the registrar an identity verification statement in respect of that individual at the same time as the company delivers its next confirmation statement during the transitional period. (3) If the company fails to deliver a confirmation statement during the transitional period, the company must deliver to the registrar an identity verification statement in respect of the individual referred to in paragraph (1) at the same time as the company delivers its next confirmation statement. (4) The duty— (a) in paragraph (2) does not apply if the individual is not a director of the company at the time mentioned in that paragraph; (b) in paragraph (3) does not apply if the individual is not a director of the company at the time mentioned in that paragraph. (5) Section 853A(1)(b)(i) of the 2006 Act (duty to deliver confirmation statements) has effect as if it included a reference to the duties imposed by paragraphs (2) and (3). (6) Where, on the relevant day, the delivery period within which the confirmation statement referred to in paragraph (2) is required to be delivered has yet to begin, or has already begun but is not yet expired, section 167M(1) of the 2006 Act (prohibition on director acting unless ID verified) does not apply to the individual, and section 167M(2) of the 2006 Act does not apply to the company with respect to that individual, until— (a) the day on which the company complies with the duty in section 853A(1), or (b) if the company does not so comply, the day after the last day of the delivery period. (7) Where, on the relevant day, the company has an overdue confirmation statement, section 167M(1) of the 2006 Act does not apply to the individual, and section 167M(2) of the 2006 Act does not apply to the company with respect to that individual, until the earlier of— (a) the day on which the company complies with paragraph (2), or (b) the day which is the end of the period of 14 days beginning with the relevant day. (8) For the purposes of paragraph (7), the company has an overdue confirmation statement if it has failed to deliver a confirmation statement by the end of its last delivery period with an end date before the relevant day and on the relevant day the company has still not delivered that confirmation statement. (9) In this regulation— “the 2006 Act” means the Companies Act 2006; “the 2023 Act” means the Economic Crime and Corporate Transparency Act 2023; “confirmation statement” has the meaning given by section 853A(1)(b) of the 2006 Act; “delivery period” means the period mentioned in section 853A(1) of the 2006 Act; “identity verification statement” means a statement in respect of an individual confirming that their identity is verified within the meaning of section 1110A of the 2006 Act (meaning of “identity is verified”); “the registrar” has the meaning given in section 1060(3) of the 2006 Act; “relevant day” means the date that section 43 of the 2023 Act (prohibition on director acting unless ID verified) comes into force; “transitional period” means the period beginning on the relevant day and ending on the date that is 12 months after the relevant day. (10) References to sections 167M and 853A of the 2006 Act are to those provisions as applied to unregistered companies by regulation 3 of, and Schedule 1 to, the Unregistered Companies Regulations 2009. .
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