Under the Companies Act 2006, every company is required to maintain statutory registers (sometimes referred to as statutory books or records). This includes RMCs and RTM companies.
These registers set out details of the directors, the secretaries, the members/shareholders and those with significant control or influence over the company.
It is an offence by both the company and its officers if any of its registers are not maintained.
Register of persons with significant control
This is the newest addition to the statutory registers requirement, and was introduced in April 2016 under the Small Business, Enterprise and Employment Act 2015.
The Register of People with Significant Control contains information on every person who has had significant interest or control in a company since 6 April 2016.
Persons with significant control (PSC) or relevant legal entities (RLE) ultimately controlling 25% or more of a company are required to be recorded at Companies House as well as being recorded by the company itself. This means that companies are required to maintain a register of those individuals or entities.
In the case of individuals, the details that must be recorded include:
- their name
- a service address
- Country or state (or part of the UK) in which the PSC usually resides
- Their nationality
- Their date of birth
- Their usual residential address
- The date on which the individual became a registrable person in relation to the company
- Nature of PSC’s control over the company
- Whether restrictions on using or disclosing any of the individual’s PSC particulars are in force
Relevant legal entities (RLE)
In the case of companies as RLE:
- the corporate or firm name
- its registered or principal office
- the legal form of the entity and the law by which it is governed
- if applicable, the register of companies in which it is entered (including details of the state) and its registration number in that register
- the date on which it became a registrable relevant legal entity in relation to the company in question
- the nature of its control over that company