Notice to CH from Company Re: Disclosure of Individual’s Secure Information
Company information in the UK is usually public apart from residential addresses and the day of the date of birth of individuals involved in a company. PSC information is also public, in the interests of transparency.
However when a company considers that there are exceptional circumstances that apply (this means a serious risk of violence or intimidation to a specific individual from association with the company), then an application can be made by a company to Companies House to keep a PSC’s information protected.
Government guidance has further details regarding the regime for suppressing PSC information in exceptional circumstances and can be accessed at www.gov.uk.
This Notice to Companies House from a Company regarding Disclosure of an Individual’s Secure Information is made by a company on an individual’s behalf and includes the prescribed particulars as set out in regulation 37 of The Register of People with Significant Control Regulations 2016 for the suppression of an individual’s information. The relevant individual must give their consent for the company to make the application on their behalf.
The registrar of companies will determine the application and must notify the applicant (and the individual) of the outcome. Where the applicant is unsuccessful, the applicant must be informed of their right of appeal.
Note that the Regulations set out the procedures to be followed by the registrar in determining an application as well as the obligations on applicants to disclose changes to information regarding an application or the withdrawal of an application.
This is a potentially complex procedural area and it may be advisable to seek independent legal advice should an application to suppress information be made.
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