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Economic Crime and Corporate Transparency Bill - Sitting 9
08 November 2022
Type
Public Bill Committee
At a Glance
Issue Summary
Hannah Bardell is discussing amendments related to identity verification exemptions on national security grounds and the reporting requirements for such exemptions. Hannah Bardell proposes an amendment to Clause 66 of the Economic Crime and Corporate Transparency Bill. The statement discusses the need for unique director identifiers and their public availability under the Economic Crime and Corporate Transparency Bill. The statement discusses the importance of implementing unique identifiers for company directors in the Companies House register. The statement discusses amendments to clause 67 regarding identity verification requirements and the material unavailable for public inspection. Hannah Bardell discusses amendments to the Companies Act regarding identity verification for directors when a company is dissolved or restored. The statement addresses concerns and questions regarding amendments to the Companies Act under Clause 68 of the Economic Crime and Corporate Transparency Bill. The statement discusses proposals to address economic crime and corporate transparency by amending the Companies Act to allow creditors or liquidators to apply for administrative restoration of companies struck off the register, facilitating easier investigation into fraudulent activities. Hannah Bardell discusses clauses 69, 70, and 71 related to identity verification requirements for individuals delivering documents to the registrar and the prohibition on delivery of documents by disqualified persons. The statement discusses provisions related to the delivery of documents by electronic means and subsequent clauses concerning company service providers and document verification. The statement addresses clauses in the Economic Crime and Corporate Transparency Bill aimed at enhancing Companies House's ability to maintain the integrity of the register through digital submissions and rejection powers for inconsistent documents. Hannah Bardell is addressing concerns about order and respect during parliamentary proceedings. The MP is discussing clauses 76 to 79 of the Economic Crime and Corporate Transparency Bill, focusing on amendments to the Companies Act 2006 that give the registrar power to reject inconsistent documents. The statement addresses amendments and new clauses related to the Economic Crime (Transparency and Enforcement) Act 2022 and the Companies Act 2006, focusing on protecting personal information from public inspection. The discussion revolves around the Economic Crime and Corporate Transparency Bill, focusing on amendments related to identity verification, protected information, and regulatory powers.
Action Requested
Bardell proposes that the Secretary of State must report any use of the identity verification exemption on national security grounds to the Intelligence and Security Committee, including the name of the person and company exempt from ID verification and the reasons for granting the exemption. She argues that this amendment is necessary for transparency and accountability.
Key Facts
- Amendment 101 would require the Secretary of State to report any use of identity verification exemptions on national security grounds to the Intelligence and Security Committee.
- The reports must include the names of exempt individuals and companies, as well as the reasons for granting the exemption.
- Clause 65 enables the Secretary of State to exempt a person from ID verification requirements if necessary in the interests of national security or to prevent serious crime.
- Hannah Bardell is proposing amendment 103.
- The amendment would add a requirement for the registrar to publish unique director identifiers online.
- The statement references amendments 102 and 103 tabled by Seema Malhotra.
- Amendment 102 aims to ensure all directors receive a unique identifier for all their directorships, regardless of company formation methods.
- Amendment 103 proposes making these identifiers publicly available on the registrar’s website.
- The current system requires individuals like Alison Thewliss to appear three separate times in the register.
- Some directors have hundreds or even thousands of directorships under their name.
- Changing names can complicate tracking an individual's directorship history.
- The Charity Commission register is cited as a relevant example for understanding someone’s appropriateness and behavior.
- Clause 67 amends section 1087 of the Companies Act 2006.
- Government amendment 10 clarifies that section 1087 is concerned with withholding company-related material.
- Other entities such as limited liability partnerships and limited partnerships have separate provisions for withholding information.
- Clause 68 amends section 1025 of the Companies Act 2006.
- New clause 45 seeks to ensure identity verification before a company is struck off.
- New clause 46 would allow former creditors and liquidators to apply for administrative restoration.
- The statement discusses amendments to section 1025 of the Companies Act under Clause 68.
- New clauses 45 and 46 are mentioned as relevant to discussions on corporate transparency and strike-off processes.
- On average, 400,000 companies are struck off the register each year.
- Director identity verification may deter fraudulent registrations but does not address accountability after dissolution.
- Currently, only 2% of dissolved companies undergo a restoration process annually.
- Clause 69 introduces identity verification requirements for individuals delivering documents to the registrar.
- Clause 70 prohibits disqualified persons from delivering documents either on their own or someone else’s behalf.
- Clause 71 enables the registrar to reject documents delivered by people not within permitted filing categories.
- Individuals delivering documents on behalf of another person must verify their identity.
- The Treasury is conducting a review to strengthen money laundering supervision systems.
- All options, including licensing, should be considered to ensure the system works effectively.
- Clauses 72-75 focus on digital submissions to Companies House.
- Clause 76 introduces a power to reject documents containing information inconsistent with other held data if it raises doubts about the document's compliance.
- Currently, the registrar must accept properly delivered documents despite inconsistencies.
- Hannah Bardell calls for Members to show respect during proceedings.
- The request aims to ensure a quiet environment for Hansard reporters and those watching.
- Clause 76 amends the Companies Act 2006 to give the registrar power to reject inconsistent documents.
- Such documents include annual confirmation statements, annual accounts, forms appointing or terminating directorships, and applications to register a charge.
- The MP questions whether there are deadlines for rejection by Companies House.
- Amendment 12 addresses clause 80.
- New clause 16 ensures protection for verification process information.
- New clause 17 replaces sections and adds new categories to prevent abuse.
- Amendments 39, 40, and 49 are consequential on new clause 17.
- Over 3,000 registrations have been made since August 1, 2022.
- New clause 16 confers a power to make regulations about identity verification.
- Protected information includes protected date of birth, residential address, and trust information.
- There is discussion about providing a list of what information will be on the overseas entities register.
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