Understanding the Role of a Person with Significant Control

A person with significant control is a key legal designation in corporate governance, ensuring transparency and accountability in business structures. In the UK, companies must disclose details of individuals who exert significant influence over corporate decisions. This information is recorded in the register of people with significant control, which plays a crucial role in regulatory compliance.

Understanding people with significant control and their obligations is vital for businesses to avoid register of overseas entities penalties and maintain compliance with UK corporate laws. This article explores what defines a PSC, how to determine a person with significant control percentage, and why maintaining an up-to-date person with significant control register is essential.

What is a Person with Significant Control?

A person with significant control is an individual or entity that has a notable degree of control over a company. In the UK, a person with significant control is defined by meeting at least one of the following criteria:

1. Holding more than 25% shares in a company.
2. Holding more than 25% of voting rights.
3. Having the right to appoint or remove a majority of the board of directors.
4. Exercising significant influence or control over the company.

Identifying people with significant control ensures greater corporate transparency and helps present fraudulent activities such as money laundering and tax evasion.

Understanding People with Significant Control in Business

The concept of people with significant control is essential for companies, financial institutions, and regulators. Corporate transparency laws require businesses to declare their people with significant control to safeguard against financial crime and illicit business activities.

Failure to disclose people with significant control accurately can lead to legal and financial consequences, including restrictions on conducting business and fines under the register of overseas entities' penalties. It is crucial for businesses to maintain compliance by correctly identifying and documenting their people with significant control.

The Role of the Register of People with Significant Control

The register of people with significant control is a mandatory record that UK businesses must maintain and update. This register contains details of individuals or entities that qualify as a person with significant control and must be submitted to Companies House.

Key Requirements of the Person with Significant Control Register:

- Companies must identify and record all people with significant control associated with their business.
- Information must be kept up to date and updated when changes occur.
- The register must be accessible to relevant authorities for regulatory compliance.

Failure to maintain an accurate register can result in severe penalties, including criminal charges for company directors and financial sanctions

How to Determine a Person with Significant Control Percentage

The person with significant control percentage refers to the proportion of shares or voting rights a person with significant control holds within a company. This calculation is essential for determining whether an individual meets the critera.

Key Factors in Determining Percentage:

- Shareholding percentage: The total number of shares owned compared to the company's overall shares.
- Voting rights percentage:
The level of control the individual holds in company decisions.
- Indirect control:
Influence through other entities, such as parent companies or trusts.

Businesses must regularly review their percentages to ensure accurate reporting and compliance with regulartory requirements.

Why Compliance with Regulations is Important

Ensuring compliance with regulations is essential for companies operating in the UK. The legal consequences of failing to disclose a person with significant control can be severe, leading to possible register of overseas entities penalties, restrictions on corporate activities, and reputational damage. Regularly reviewing and updating records helps businesses stay compliant and avoid legal risks.

How Point Processing Can Help with Person with Significant Control Compliance

If you or your business needs a trusted process agent for shareholder agreements, Point Processing ensures smooth handling of all legal notices and documents, preventing disputes and ensuring compliance. By working with Point Processing, businesses can avoid penalties, maintain compliance, and safeguard corporate transparency.

To ensure your business remains fully compliant, contact us for expert assistance with compliance and regulatory obligations.

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