News
Companies House Update On Authorised Corporate Service Providers (ACSPs)
19 - 09 - 2024
Companies House have released further information on
Authorised Corporate Service Providers (ACSPs).
Companies House is taking additional steps to ensure that they can verify the identity of anyone who is submitting information to the public register, including those who act on behalf of another company, such as Accountants.
Background
As of 04 March 2024 the first new measures under the Economic
Crime and Corporate Transparency Act 2023 came into force at Companies House.
The Act gives Companies House enhanced powers and responsibilities to:
- tackle misuse of the
company register
- improve data quality and
reliability
The measures aim to reduce the problems of companies that are set up to commit fraud, money laundering and economic crime along with situations where names and addresses have been used without the individuals’ consent. They will also enable Companies House to work more effectively with other agencies, regulators and enforcement bodies through data and intelligence sharing.
New criminal offences and civil penalties for non-compliance
have also been introduced. You can read more about the new measures in place
from 04 March 2024 in our previous article here.
Some additional changes are
expected in the longer term. These include:
- Identity Verification – A requirement for Directors to verify their identity either directly with Companies House or through an authorised agent such as a regulated Accountant.
- Accounts
Reform – All companies will be required to file accounts in digital
format. The option to file abridged accounts will be removed and all
companies will be required to file a profit and loss account. Small companies
will also be required to file a Director’s Report, although micro-entities
will not.
Authorised Corporate Service Providers (ACSPs)
What is an ACSP?
In future, all third-party providers will need to register
their business as an Authorised Corporate Service Provider (ACSP) before they
can submit information and carry out identity verification checks on their
clients.
An ACSP is a business that is covered by Money Laundering
Regulations, such as:
- Professional
Service Providers e.g. Accountants and Solicitors
- Trust
and Company Service Providers e.g. Company Formation Agents
Where an agent may not be acting with a lawful purpose
Companies House will take action to protect businesses and the public. The
registrar has new powers to suspend or cease a non-compliant ACSP, for example
if the registrar has reason to believe an ACSP is no longer a fit and proper
person.
Who Can Become An ACSP?
To become an ACSP, agents must be supervised within the UK
by one of the 25 relevant Anti-Money Laundering (AML) supervisory bodies, such
as:
- HMRC
- The Financial
Conduct Authority
- The
Gambling Commission
- Professional
Body Supervisors, such as the ICAEW.
Agents who are not registered with Companies House will still need to register as an ACSP but will be asked for more details.
Software providers, filing information on behalf of a company or third-party provider, will also need to register as an ACSP.
To check whether you or your agent can register as an ACSP you
can check the full list of AML supervisory bodies.
Registration to become an ACSP
Companies House says it will announce information on how to register as an ACSP in due course.
If your business files information with Companies House as a
third party you will need to review whether you can register as an ACSP. To
register, a senior person in the organisation will need to complete the
registration process, including identity verification and providing information
about the business. The ACASP will then be provided with a new account and a
unique identity number, allowing them to file information and complete identity
verification checks for their clients.
If you are a business using a third party agent you will
need to ensure that your agent will be able to register as an ACSP and can
continue to file on your behalf.
Foremans LLP As An ACSP
Foremans LLP is regulated by the ICAEW (Institute of Chartered Accountants in England and Wales) and expects to meet all of the standards required to become an ACSP. Our clients can be assured that they do not need to do anything with regards to the upcoming changes and there will be no loss of service to their business as a result of the changes.
If you would like further information on the upcoming
changes you can contact our friendly team for advice on 01244 625 500 or
contactus@foremansllp.com.