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17 March 2017 / Ben Simpson
Issue: 7738 / Categories: Features , Commercial
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Taking control

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When does a person exercise significant influence or control over the activities of a trust, asks Ben Simpson

  • The impact of the shadow directorship test in the PSC regime on persons who influence trusts.

From 6 April 2016, UK companies, limited liability partnerships (LLPs) and other entities have had to keep a register of persons who have significant control over them (PSCs). The regime for registering PSCs (the PSC regime) is likely to be changed with effect from 26 June 2017 to include other entities, such as Scottish Limited Partnerships and Scottish Partnerships. Indirect economic interests in relevant UK entities are also likely to be caught from 26 June 2017.

Companies and LLPs have to record their PSCs in their first confirmation statement filed after 30 June 2016. In addition, a person incorporating a new company or LLP has to send to Companies House a statement of initial persons with significant control together with the other documents required for an application to incorporate.

A direct or indirect interest in a UK company which attributes

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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