PART 1Companies etc

Promoting the integrity of the register

I1I283Power to require additional information

1

The Companies Act 2006 is amended in accordance with subsections (2) to (4).

2

After section 1092 insert—

Additional information

1092APower to require information

1

The registrar may by notice in writing require a person to provide information to the registrar for the purposes of enabling the registrar to determine—

a

whether a person has complied with any obligation imposed by an enactment to deliver a document to the registrar,

b

whether any information contained in a document received by the registrar falls within section 1080(1)(a).

2

A requirement under this section may specify—

a

the form and manner in which the information is to be provided;

b

the period within which it is to be provided.

3

The registrar may by notice in writing extend a period specified in a requirement under this section.

1092BOffence relating to provision of information

1

A person who, without reasonable excuse, fails to comply with a requirement under section 1092A commits an offence.

2

Where an offence under this section is committed by a firm, an offence is also committed by every officer of the firm who is in default.

3

A person guilty of an offence under this section is liable—

a

on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both);

b

on summary conviction—

i

in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

ii

in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both) and, for continued contravention, a daily default fine not exceeding one-fifth of the statutory maximum;

iii

in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both), and, for continued contravention, a daily default fine not exceeding one-fifth of the statutory maximum.

1092CPrivilege against self-incrimination

1

A statement made by a person in response to a requirement under section 1092A may not be used against the person in criminal proceedings in which the person is charged with an offence to which this subsection applies.

2

Subsection (1) applies to any offence other than—

a

an offence under one of the following provisions (which concern false statements etc)—

i

section 1112 or 1112A;

ii

section 5 of the Perjury Act 1911;

iii

section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995;

iv

Article 10 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I. 19));

v

section 32 or 32A of the Economic Crime (Transparency and Enforcement) Act 2022;

vi

section 34 or 35 of the Limited Partnerships Act 1907;

b

any offence, not within paragraph (a), an element of which is the delivery to the registrar of a document, or the making of a statement to the registrar, that is misleading, false or deceptive.

3

In section 1059A (scheme of Part 35), in subsection (2), at the appropriate place insert—

  • sections 1092A to 1092C (powers to require further information),

4

In section 1087 (material not available for public inspection), in subsection (1), after paragraph (e) insert—

ea

any information provided to the registrar under section 1092A (power to require further information);