Section 94 of the Economic Crime and Corporate Transparency Act 2023 inserted into the Companies Act 2006 a power for the Registrar of Companies (Companies House) to disclose information to a person of a description, and for a purpose, specified in regulations made by the Secretary of State.
These Regulations allow the registrar to share information with certain specified persons for non-public purposes, including all insolvency office holders in all corners of the UK (and the OR and Accountant in Bankruptcy).
The wording of the Regulation is not simple, and how useful it is will depend in large part on the attitude Companies House has to requests from IPs.
The Regulations can be found here.
Regulation 1: Citation, commencement and extent
This regulation confirms that these Regulations came into force on 20th December 2024 and apply to England and Wales, Scotland and Northern Ireland.
Regulation 2: Interpretation
This regulation explains interpretations used in these Regulations.
Regulation 3: Specified persons to whom information may be disclosed
This regulation considers “specified persons” for the purpose of these Regulations. These include –
(1) Insolvency Practitioner (UK)
- acting in capacity as liquidator, provisional liquidator, administrator, administrative receiver, monitor, trustee in bankruptcy, trustee in sequestration of an estate, a trustee under a deed in Scotland, or, in the case of a deceased individual to the administration of their estate.
(2) Official Receiver
(3) Accountant in Bankruptcy
(4) A Judicial Factor [1]
Regulation 4: Disclosure of information for non-public purposes
This regulation outlines scenarios where the Registrar may disclose information held for purposes that are not related to making the information public.
Disclosure is allowed as follows –
- Court Applications: The Registrar may disclose information to a “specified person” (i.e. an insolvency practitioner) if it’s necessary to help that person:
- Make an application to the court for an order.
- Decide whether to make such an application.
- Court Challenges: Similarly, the Registrar may disclose information to a “specified person” if it’s necessary to help that person:
- Bring a challenge to the court.
- Decide whether to bring a challenge to the court.
The actions included are fraudulent trading and wrongful trading (in both liquidation and administration), adjustment of withdrawals, transactions at an undervalue, preferences, gratuitous alienations (Scotland), unfair preferences (Scotland) and extortionate credit transactions.
Furthermore, the Registrar may disclose information to the Accountant in Bankruptcy (Scotland) if the registrar is satisfied that the information is necessary for the purpose of assisting in carrying out any function in connection with sequestrations under the Bankruptcy Act 2016.
Finally, the Registrar may disclose information to a person specified in Regulation 3 (see above) if satisfied that the information is required to help recover assets in insolvency or similar situations where a court oversees the process.
Companies House
Application by a specified person[2] to request disclosure of protected information.
Notes
- Application should be emailed to Law Enforcement Liaison leliaison@companieshouse.gov.uk
- The Registrar will only disclose information once satisfied the request is proportionate and necessary in assisting the specified person in the course of their duties.
- The Registrar will not supply any documents, statutory documents can be freely downloaded from https://www.gov.uk/government/organisations/companies-house
[1] A judicial factor is a legal officer appointed by the Court of Session or Sheriff Court in Scotland to manage the property or affairs of someone who is unable or unwilling to do so themselves.
[2] As defined by SI 2024 no. 1378 – The information Sharing (Disclosure by the Registrar) Regulations 2024.