Statement Notification for Restriction Issued

Person with Significant Control
1

I have a PSC entity that I have registered at Companies House (John Smith). If that PSC Entity (John Smith) then changes their details without informing the company then I send them a notice under S790E asking them to confirm their details. If I don’t get anything back from John Smith then the next step is to issue a PSCLinkedStatement of type PSC_HAS_FAILED_TO_CONFIRM_CHANGED_DETAILS in the Confirmation Statement. If I still don’t hear anything from John Smith then the next step is to issue a restriction notice on the PSC entity in the Confirmation Statement.

In the schema for the Confirmation Statement, the Restriction notice RESTRICTIONS_NOTICE_ISSUED_TO_PSC is not a PSCLinkedStatement therefore there is no way to link the statement to the PSC entity that Companies House have (John Smith).

In the above scenario, would John Smith cease to be a PSC? Therefore in the Confirmation Statement we would send a PSC Cessation as well as the Statement Notification for RESTRICTIONS_NOTICE_ISSUED_TO_PSC? Or would John Smith continue to be a PSC and we would send a StatementNotification for the restriction?

2

HI. It is strange that the PSC level statements are not linked to a PSC, as it makes it difficult to track through for each PSC what has happened, but the law doesnt permit it. In your example once you have notified a linked statement, you would need to withdraw it, then file a restrictions notice. The PSCs assets in the company are frozen at that point but they are still a PSC so you dont file a cessation. Hope that makes sense

3

Hi, I have a follow up query on the above.

If I have identified a PSC but not confirmed their details (PSC_DETAILS_NOT_CONFIRMED) I would submit that PSC level statement. At this stage would I also be submitting my PSC Notifications for this PSC? Or would I have to withdraw the PSC Level Statement of PSC_DETAILS_NOT_CONFIRMED before I could submit my PSC Notification?

Also, if I still have not submitted my PSC notification, can I submit PSC level statements for PSC_CONTACTED_BUT_NO_RESPONSE or RESTRICTIONS_NOTICE_ISSUED_TO_PSC or do I also need to submit PSC notification even if they have not been confirmed due to no response received from the PSC themselves?

Thanks,
Paddy

4

Is there any update on the above?

5

Hi @paddy_ohara I’m waiting for some general policy guidelines on psc’s and comfirmation statements from our policy advisors, I have passed this specific query to them also.

Nigel Preece

6

@paddy_ohara Please see below response to your specific query

thanks

Nigel Preece

Firstly, a slight correction to the original response sent by Charlotte is needed. She said that a company would need to file a withdrawal of a 790E notice statement, before filing a restrictions notice statement. This isn’t right, as the withdrawal statement in respect of a 790E notice says that the notice has been complied with (after the time specified in the notice); if the company is issuing a restrictions notice this will be because the company has failed to comply with the 790E notice, therefore the statement must remain as is.

Moving on to the follow up query – if the company has entered the statement “PSC_DETAILS_NOT_CONFIRMED”, this should be withdrawn before submitting PSC notifications. PSC notifications should not be submitted until the company has confirmed the details of its PSC. The timeline for a company in terms of issuing a notice to a PSC should be:

  1.  Issue the notice asking them to confirm their details (enter statement in PSC register indicating that a statement has been issued);

  2.  Wait up to one month for a response;

  3.  if response received enter withdrawal statement in PSC register and enter confirmed PSC details;

  4.  If the notice is complied with after the time specified in the notice, record this in the PSC register;

  5.  If no response received consider issuing restrictions notice;

  6.  If a restrictions notice is issued that fact should be entered in the PSC register.

Once the relevant facts have been entered in the company’s PSC register, these should be submitted to Companies House whenever the confirmation statement falls due.

7

Hi Nigel,

thanks for the response. Please could you let me know if the following scenario is true:

1. Issue the notice asking them to confirm their details
	PSC_DETAILS_NOT_CONFIRMED submitted on CS01

2. Wait up to one month for a response

3. If no response received consider issuing restrictions notice
	PSC_CONTACTED_BUT_NO_RESPONSE submitted on CS01.
	PSC_DETAILS_NOT_CONFIRMED is not withdrawn.

4. Still no response received from PSC
	RESTRICTIONS_NOTICE_ISSUED_TO_PSC submitted on CS01
	PSC_CONTACTED_BUT_NO_RESPONSE is not withdrawn.
	PSC_DETAILS_NOT_CONFIRMED is not withdrawn.

If after all those steps we finally do receive a response from the PSC then all three notices will be withdrawn and the PSC details will be submitted?

Kind Regards,
Paddy

8

I can confirm, @paddy_ohara, that the scenario is correct.

Nigel Preece