Economic Crime and Corporate Transparency Act 2023 ECCTA

• In force from 4 March 2024
• Notify in the next form CS01 Confirmation statement after 4 March 2024
• Registered email address - at all times appropriate email address: section 29: 88A;
• (2) An email address is an “appropriate email address” if, in the ordinary course of events, emails sent to it by the registrar would be expected to come to the attention of a person acting on behalf of the company.
• Email address for use by Companies House only; not on the public record.
• Statement of lawful purposes and confirmation statements - annual declaration in the form CS01 Confirmation statement.
• The company confirms that the intended future activities of the company are lawful.

• Statutory duty on the company and officers; officers normally means directors:
• There are penalties in default.
• Other responsibilities:
• Registered office address - at all times at an appropriate address: section 28
• (2)An address is an “appropriate address” if, in the ordinary course of events—
• (a) a document addressed to the company, and delivered there by hand or by post, would be expected to come to the attention of a person acting on behalf of the company, and
• (b) the delivery of documents there is capable of being recorded by the obtaining of an acknowledgement of delivery.
• If you are using a virtual office or accommodation address, you need to be sure that Registered Office is part of the supplier's service. There may be addtional fees.

• The role and powers of the registrar
• stronger powers to query information and to amend or remove information from the companies register

• Company and business names.

• Not yet in force
• Identity verification
• Company registers and filings
• Directors' disqualification and corporate directors
• Protecting personal information on the register
• Accounts and audit exemption

Companies House objectives, prescribed in The Act
Objective 1 is to ensure that any person who is required to deliver a document to the registrar does so (and that the requirements for proper delivery are complied with).
Objective 2 is to ensure that information contained in the register is accurate and that the register contains everything it ought to contain.
In Objective 2 the reference to “the register” includes any records kept by the registrar under any enactment.
Objective 3 is to ensure that records kept by the registrar do not create a false or misleading impression to members of the public.
Objective 4 is to prevent companies and others from—
(a) carrying out unlawful activities, or
(b) facilitating the carrying out by others of unlawful activities.

Companies House are raising significant additional revenue by increases in filing fees to fund their investigative and enforcement activities.
Form CS01 Confirmation statement Digital (was £13) from 01/05/2024 £34.

• Limited Partnerships: from section 109
• There have been concerns that UK limited partnerships are being used for fraudulent purposes.
• Real Estate: from section 156
• Register of Overseas Entities at Companies House of overseas entities which own UK Land and contains information on the overseas entities beneficial owners
• Crypto Assets: section 179 SCHEDULE 8
• New powers to seize and recover cryptoassets which are the proceeds of crime or associated with illicit activity.
• Strategic litigation against public participation (SLAPPs): from section 194
• SLAPPs are legal claims brought to intimidate an opponent by improper means.
• A claim may be struck out before trial.
• Reform of the test for corporate criminal liability: from section 196
• Corporate prosecutions for wrongdoing.
• Failure to prevent fraud - larger companies: from section 199
• Aimed at reducing fraud.
• Employee, agent, person otherwise performs services for a company can be guilty of Failure to prevent fraud when the company is guilty of fraud.

Larger companies:
Two or more of:
Turnover more than £36 million
Balance sheet, company value, more than £18 million
Employees more than 250


Economic Crime and Corporate Transparency Act ECCTA 2023

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