In our Down the Wire post of 22 May, we warned that the Fourth Money Laundering Directive (which the UK had to implement by 26 June 2017) could bring AIM companies within the scope of the "PSC regime", so as to require the identification and registration of people with significant control. At the time we said that clarification on this question was required.
Guidance issued by the Department for Business, Energy & Industrial Strategy (BEIS) on Friday, 23 June, confirmed that AIM companies are, from today, now required to create and maintain a PSC register, and must file PSC information with the central public register at Companies House, as a result of the coming into force of The Information about People with Significant Control (Amendment) Regulations 2017.
Until now AIM companies have been exempt from the need to create and maintain a PSC register. This new compliance requirement for AIM companies applies in addition to the existing disclosure obligations in Rule 17 of the Aim Rules and DTR 5.
Companies whose voting shares are admitted to trading on the London Stock Exchange's main market, or any other regulated market in the UK or EEA (and certain other specified markets) are not affected by the changes and continue to be exempt from the PSC regime (but subject to other transparency rules).
For AIM companies and other companies affected by the PSC regime BEIS has issued updated Summary Guidance and Detailed Guidance.
For further information on this topic please contact Edward J Dawes at Squire Patton Boggs by telephone (+44 121 222 3000) or email (email@example.com). The Squire Patton Boggs website can be accessed at www.squirepattonboggs.com.
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