Notice to CH from subscriber 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 where a company is in the process of being formed, a subscriber to the memorandum (the initial shareholder(s)) can, if they consider that there are exceptional circumstances that apply (this means a serious risk of violence or intimidation to an individual from association with the company to be formed), make an application to Companies House to keep a potential 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 Subscriber regarding Disclosure of an Individual’s Secure Information is made by a subscriber to a memorandum on an individual’s behalf and includes the prescribed particulars as set out in regulation 38 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 subscriber 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 also 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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