Q&As

Are legal advisors obliged to respond to people with significant control information request notices under section 790D(5) of the Companies Act 2006?

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Published on LexisPSL on 16/03/2016

The following Corporate Q&A provides comprehensive and up to date legal information covering:

  • Are legal advisors obliged to respond to people with significant control information request notices under section 790D(5) of the Companies Act 2006?
  • Section 790D notice
  • Legal professional privilege
  • Exceptions to legal professional privilege
  • Legal privilege in relation to section 790D(12)
  • Confidentiality

The PSC regime applies to UK incorporated companies limited by shares or guarantee (including community interest companies), LLPs, unlimited companies, unregistered companies, SEs and (as a result of the Scottish Partnerships (Register of People with Significant Control) Regulations 2017, SI 2017/694 (Scottish Regulations)) eligible Scottish partnerships (Scottish limited partnerships and Scottish qualifying general partnerships).

These entities are required to update their own registers within 14 days, and to update the information held on the central register at Companies House within a further 14 days (except eligible Scottish partnerships which are not required to keep a PSC register but are only required to deliver PSC information to Companies House within 14 days).

The framework of the new regime is set out in the new Part 21A of the Companies Act 2006 (CA 2006), as inserted by Schedule 3 to the Small Business, Enterprise and Employment Act 2015 (SBEEA 2015).

For full details on the PSC regime, see Practice Note: PSC register—registered and unregistered companies, limited liability partnerships, eligible Scottish partnerships and societas europaea.

Section 790D notice

If the entity doesn't have the information it needs, or (in the case of a PSC) doesn't have confirmed information, it must serve notice on the individual or legal entity.

The notice, if addressed to an individual, must require that individual to state whether or not he or she is a registrable person in

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