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A brief guide to the Small Business, Enterprise and Employment Act and how it will affect your Limited Company, SE or LLP
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People With Significant Control (PSC)

From 6 April 2016 all Limited companies, LLP's or SE's need to keep a register of people with significant control (PSC Register).

A PSC is anyone in a Limited company, LLP or SE who meets one or more of the below conditions as listed in the legislation.  A PSC is someone who:

  • owns more than 25% of the company's shares
  • holds more than 25% of the company's voting rights
  • holds the right to appoint or remove the majority of directors
  • has the right to, or actually exercises significant influence or control
  • holds the right to exercise or actually exercises significant control over a trust or company that meets one of the first 4 conditions.

Filing PSC Information - 30 June 2016

Companies are already keeping a PSC register by this point.  This information now needs to be filed with Companies House on incorporation and updated when you submit later "Confirmation Statements".

If your company was incorporated before 30 June 2016, you will need to provide this information in your first Confirmation Statement.

It is a criminal offence not to provide this information.
 


Confirmation Statement - from June 2016

From June 2016, the annual return is being replaced.

This is being replaced with the confirmation statement, which has to be filed at least once a year.  You will need to check and confirm the company information that is held by Companies House and let them know of any changes.

Like the annual return, there will be a fee payable to file a confirmation statement.  You can update your record as many times as you need to, but you will only be charged once a year.

 


Company Registers - from June 2016

Private companies will be able to opt to keep certain information on the public register, instead of holding their own statutory registers.  This will apply to registers of:

  • members
  • directors
  • company secretaries
  • directors' residential addresses
  • people with significant control (PSC)

This is voluntary, and your company can continue holding its own registers if you prefer.

If your company elects to hold registers information at Companies House, this becomes part of the public record and will be available for inspection to anyone via the Companies House website.
 

Implementation Dates

The table below shows the changes brought in by the Act
 
26 May 2015 Bearer shares abolished
 
10 October 2015
 
Director day of birth suppression
 
Company strike-off accelerated
 
Consent to act checkbox for directors
 
April 2016 Director disputes
 
Registered office disputes
 
PSC registers need to be kept by companies and LLP's
 
PSC protection regime
 
June 2016
 
Confirmation statement
 
PSC's to be filed with Companies House
 
Company registers
 
Statement of capital changes
 
 
October 2016
 
Corporate directors abolished with limited exceptions
 
If you would like clarification of any of the above points, please don't hesitate to contact us.

email: info@numbercrunchingltd.co.uk
phone: 07884 036 667
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