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The Economic Crime and Corporate Transparency Act 2023 (“ECCTA”) received Royal Assent on 26 October 2023.
ECCTA came about as a result of the Government’s initiative to crack down on economic and financial crime. There have been increasing concerns over instances of the misuse of companies, an increase in financial and economic crime, fraud and abuse, concerns over the accuracy of information filed at Companies House and concerns over the safeguarding of personal data on the register.
ECCTA introduces some hard-hitting legislative reforms that will affect all new and existing directors, persons with significant control (PSCs) and users of Companies House.
The key aims of the proposed reforms are to expand the role and power of Companies House, enhance ownership transparency, deter corporate fraud and abuse, and ensure more accurate and trusted information is registered at Companies House.
The following reforms will be implemented:
From 4 March 2024, there are greater powers for Companies House relating to querying information, stronger checks on company names, new rules for registered office addresses, and new lawful purpose statements.
From 4 March 2024, there is a new requirement to provide a registered email address and to confirm that the intended future activities of the company will be lawful.
From 1 May 2024, Companies House will be increasing their fees.
Anyone setting up, running, owning or controlling a company in the UK will need to verify their identity. The timescale for this measure has not yet been announced.
- Changes to company accounts filings
Transitioning towards filing accounts by software only, and changes to small company accounts filing.
Individuals will be able to apply to suppress personal information from historical documents, and apply to have personal information protected from public view because of risk of harm.
Limited partnerships will need to file their information through authorised agents, and they’ll need to file more information with Companies House.
There will be new requirements to provide additional shareholder information, and restrictions on the use of corporate directors.
- Investigation, enforcement and data sharing
Companies House will have more effective investigation and enforcement powers, and new powers to share data with law enforcement agencies and other government departments.
I will be providing a series of articles to address each of these reforms in detail. Read part one here.
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