Legislation – Economic Crime and Corporate Transparency Act 2023

“Directors: duties relating to ID verification and notification

167MProhibition on director acting unless ID verified

(1)

An individual must not act as a director of a company unless the individual’s identity is verified (see section 1110A).

(2)

A company must ensure that an individual does not act as a director unless the individual’s identity is verified (see section 1110A).

(3)

A person who contravenes subsection (1) commits an offence.

(4)

If a company contravenes subsection (2) an offence is committed by—

(a)

the company, and

(b)

every officer of the company who is in default.

For this purpose a shadow director is treated as an officer of the company.

(5)

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

(a)

in England and Wales, to a fine;

(b)

in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale and, for continued contravention, a daily default fine not exceeding one-tenth of level 5 on the standard scale.

(6)

The only consequences of contravening subsections (1) and (2) are the offences provided for by this section (so that, for example, a contravention does not in any way affect the validity of an individual’s acts as a director).”