Economic Crime and Corporate Transparency Act 2023 (c. 56) (ECCTA)

Version status: Partly in force | Document consolidation status: No known changes

Published date: 26 October 2023

Economic Crime and Corporate Transparency Act 2023 (c. 56) (ECCTA)

	Introductory Text
	Part 1 Companies etc (ss. 1-108)
	The registrar of companies (s. 1)
	1 The registrar's objectives
	Company formation (ss. 2-7)
	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
	Company names (ss. 8-22)
	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
	Business names (ss. 23-27)
	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
	Registered offices (s. 28)
	28 Registered office: appropriate address
	Registered email addresses (ss. 29-30)
	29 Registered email addresses etc
	30 Registered email addresses: transitional provision
	Disqualification in relation to companies (ss. 31-39)
	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
	Directors (ss. 40-45)
	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
	Register of members (ss. 46-50)
	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
	Registration of directors, secretaries and persons with significant control (ss. 51-52)
	51 Abolition of local registers etc
	52 Protection of date of birth information
	Accounts and reports (ss. 53-58)
	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
	Confirmation statements (ss. 59-63)
	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
	Identity verification (ss. 64-69)
	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
	Striking off and restoration to the register (ss. 70-71)
	70 Registrar's power to strike off company registered on false basis
	71 Requirements for administrative restoration
	Who may deliver documents (ss. 72-74)
	72 Delivery of documents: identity verification etc
	73 Disqualification from delivering documents
	74 Proper delivery: requirements about who may deliver documents
	Facilitating electronic delivery (ss. 75-78)
	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
	Promoting the integrity of the register (ss. 79-87)
	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
	Inspection etc of the register (ss. 88-91)
	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
	Registrar's functions and fees (ss. 92-93)
	92 Analysis of information for the purposes of crime prevention or detection
	93 Fees: costs that may be taken into account
	Information sharing and use (ss. 94-97)
	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
	Overseas companies (ss. 98-101)
	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
	General offences and enforcement (ss. 102-104)
	102 General false statement offences
	103 False statement offences: national security etc defence
	104 Financial penalties
	Rectification of addresses and service of documents (ss. 105-108)
	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
	Part 2 Partnerships (ss. 109-155)
	Chapter 1 Limited Partnerships etc. (ss. 109-152)
	Meaning of "limited partnership" (s. 109)
	109 Meaning of "limited partnership"
	Required information about limited partnerships (ss. 110-112)
	110 Required information about partners
	111 Required information about partners: transitional provision
	112 Details about general nature of partnership business
	Registered offices (ss. 113-115)
	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
	Registered email addresses (ss. 116-117)
	116 A limited partnership's registered email address
	117 A limited partnership's registered email address: transitional provision
	The general partners (ss. 118-120)
	118 Restrictions on general partners
	119 Officers of general partners
	120 Officers of general partners: transitional provision
	Removal of option to authenticate application by signature (s. 121)
	121 Removal of option to authenticate application by signature
	Changes in partnerships (ss. 122-127)
	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
	Accounts (s. 128)
	128 Power for HMRC to obtain accounts
	Dissolution, winding up and sequestration (ss. 129-135)
	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
	The register of limited partnerships (ss. 136-138)
	136 The register of limited partnerships
	137 Material not available for public inspection
	138 Records relating to dissolved or deregistered limited partnerships
	Disclosure of information (s. 139)
	139 Disclosure of information about partners
	The registrar's role relating to dissolution, revival and deregistration (ss. 140-144)
	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
	Delivery of documents (ss. 145-146)
	145 Delivery of documents relating to limited partnerships
	146 General false statement offences
	National security exemption from identity verification (s. 147)
	147 National security exemption from identity verification
	Service on a limited partnership (s. 148)
	148 Service on a limited partnership
	Application of other laws (ss. 149-150)
	149 Application of company law
	150 Application of Partnership Act 1890 (meaning of firm)
	Regulations (s. 151)
	151 Limited partnerships: regulations
	Further amendments (s. 152)
	152 Limited partnerships: further amendments
	Chapter 2 Miscellaneous Provision About Partnerships (ss. 153-155)
	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
	Part 3 Register of overseas entities (ss. 156-178)
	The register and registration (ss. 156-165)
	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
	Inspection of the register and protection of information (ss. 166-168)
	166 Material unavailable for public inspection: verification information
	167 Material unavailable for public inspection
	168 Protection of information
	Correction or removal of material on the register (ss. 169-170)
	169 Resolving inconsistencies in the register
	170 Administrative removal of material from register
	Offences (ss. 171-173)
	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
	Miscellaneous (ss. 174-178)
	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
	Part 4 Cryptoassets (ss. 179-181)
	179 Cryptoassets: confiscation orders
	180 Cryptoassets: civil recovery
	181 Cryptoassets: terrorism
	Part 5 Miscellaneous (ss. 182-215)
	Money laundering and terrorist financing (ss. 182-187)
	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
	Disclosures to prevent, detect or investigate economic crime etc (ss. 188-193)
	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
	Power to strike out certain claims (ss. 194-195)
	194 Strategic litigation against public participation: requirement to make rules of court
	195 Meaning of "SLAPP" claim
	Attributing criminal liability for economic crimes to certain bodies (ss. 196-198)
	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
	Failure to prevent fraud (ss. 199-206)
	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
	Regulatory and investigatory powers (ss. 207-211)
	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
	Reports on payments to governments (s. 212)
	212 Reports on payments to governments regulations: false statement offences etc
	Reports on implementation (s. 213)
	213 Reports on the implementation and operation of Parts 1 to 3
	Sanctions enforcement: monetary penalties (s. 214)
	214 Sanctions enforcement: monetary penalties
	Report on costs orders for proceedings for civil recovery (s. 215)
	215 Report on costs orders for proceedings for civil recovery
	Part 6 General (ss. 216-221)
	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 2, Part 1 Register of directors (paras. 1-3)
	Schedule 2, Part 2 Register of secretaries (paras. 4-6)
	Schedule 2, Part 3 Register of people with significant control (paras. 7-20)
	Schedule 2, Part 4 Consequential amendments (paras. 21-29)
	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 8, Part 1 England and Wales (paras. 1-18)
	Schedule 8, Part 2 Scotland (paras. 19-36)
	Schedule 8, Part 3 Northern Ireland (paras. 37-54)
	Schedule 8, Part 4 Regulations (para. 55)
	Schedule 9 Cryptoassets: civil recovery
	Schedule 9, Part 1 Amendments of Part 5 of the Proceeds of Crime Act 2002 (para. 1)
	Schedule 9, Part 2 Consequential and other amendments (paras. 2-17)
	Schedule 10 Cryptoassets: Terrorism
	Schedule 10, Part 1 Amendments to the Anti-terrorism, Crime and Security Act 2001 (paras. 1-5)
	Schedule 10, Part 2 Amendments to the Terrorism Act 2000 (paras. 6-8)
	Schedule 11 Economic crime offences
	Schedule 12 Criminal liability of bodies: economic crimes
	Schedule 13 Failure to prevent fraud: fraud offences

Request a trial

The best way to experience Better Regulation is to try it - free and without obligation.

Take a trial

Table of Contents

Page Overview

Related

Document Overview

Economic Crime and Corporate Transparency Act 2023 (c. 56) (ECCTA)

Table of Contents

Page Overview

Related

Document Overview

Economic Crime and Corporate Transparency Act 2023 (c. 56) (ECCTA)

Log in

Request a trial

The best way to experience Better Regulation is to try it - free and without obligation.