Devil in the detail with new identity checks for directors

Company directors are being urged to prepare for a major change, as Companies House introduces new identity checks for those setting up, running or owning UK businesses.

The new identity verification requirements, introduced under the Economic Crime and Corporate Transparency Act 2023, are being rolled out in stages and will soon become compulsory.  Companies are being advised to check their records are accurate and up to date ahead of the formal rollout, as mismatched information could prevent successful verification, leading to penalties and blocked filings.

Anyone who is a company director, person with significant control (PSC), or who files on behalf of a company will need to go through identity verification, either through the GOV.UK One Login or by using an Authorised Corporate Service Provider – a registered agent that must be supervised for anti-money laundering purposes, such as an accountant or solicitor.

Companies should check that the personal details listed for each director and PSC are accurate. If anything doesn’t match the ID document, you won’t be able to complete the verification process when it becomes mandatory.

As well as providing the necessary ID documentation and answering knowledge-based security questions, personal details will be checked, including full name, any former names, residential address, including previous addresses if less than 12 months, date of birth, and a valid e-mail address not used by anyone else for verification.

The move is part of wider efforts to clamp down on fraud and improve transparency in the UK’s corporate landscape. In future, unverified individuals will not be allowed to make filings, and companies that fail to comply may face financial penalties or further enforcement action.

We don’t yet have a firm timeline for the new rules, but we expect compulsory identity checks will be in place by the autumn. When that happens, directors will have a limited window to comply. For government, this is a proactive step towards tackling economic crime, but for legitimate businesses it’s just good housekeeping. Getting your records in order now and verifying your identity voluntarily will help you stay compliant and avoid disruption ready for when it becomes a legal obligation.

Company records can be checked and updated via the find and update company information service on the Companies House website. Some changes can be made online, but others — such as correcting incorporation errors — must be made using paper forms.

To discuss this, or any other related matter with James directly, please call 01483 887766, email info@hartbrown.co.uk or start a live chat today.

*This is not legal advice; it is intended to provide information of general interest about current legal issues.

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James Lamont

Partner, Head of Commercial & Corporate

Legal Expertise: James has specialised in corporate and company commercial law for twenty five years advising on new business ventures, legal structures, sales & acquisitions,...

Partner, Head of Commercial & Corporate

James Lamont

Legal Expertise:

James has specialised in corporate and company commercial law for twenty five years advising on new business ventures, legal structures, sales & acquisitions, mergers, buy-outs, corporate investments and a wide range of commercial contracts.

He represents a wide variety of clients across various sectors including in media & advertising, branding & web design, engineering & manufacturing, transport & logistics, technology & software solutions, professional services, property investment, the drinks & fashion industries and sports & entertainment. He is known for his commitment to his clients, sound business sense and calm legal authority.

Recent transactions include the sale of a number of technology and IT businesses, acquisition of a transport and logistics business (aviation), acquisition of an event management company, acquisition of a business solutions provider and subsequent joint venture with a leading international management consultancy firm, sale of an energy technology business, restructuring of a property investment portfolio and the sale of a technology, media and communications group.

Background:

James was educated at Eton College and Bristol University. He then trained at the College of Law before qualifying with Cumberland Ellis LLP an established London firm and joining their commercial department in 2000, becoming a partner there in 2006. James joined the partnership at Hart Brown in October 2010 and now heads up the Commercial & Corporate Department.

Other business related positions include (i) member of the Havaianas Club (an exclusive entrepreneurs business club) (ii) involvement in Euro juris and related international legal networks and (iii) trustee of the Betty Riseley Trust and The Woodspring Trust.

Past times and hobbies include a fair amount of sport, particularly tennis and cricket and hiking, sailing, surfing or skiing whenever the chance arises. More sedate interests include reading (preferably historical novels), the occasional game of chess or poker and, hiking in the South Downs or days on the water in Chichester Harbour.