Subsidiary Legislation · As enacted · 2 parts
Companies (Register of Controllers and Nominee Directors) Rules, 2020
Part 2
Official textFrom Attorney General's Chambers, unchanged
For the purposes of section 310F(7)(b) and (c), the prescribed particulars of a con1pany's or foreign company's registrable controllers are -
(a}
full name;
aliases, if any;
(cj residential address;
fdj nationality;
identity card number or passport number;
If) date of birth;
2477
date on which the registrable controller became an individual controller of the company or foreign company (as the case may be); and
{h)
date on which the registrable controller ceased to be an individual controller of the company or foreign company (as the case may be), if applicable.
121
For the purposes of section 310F(7)/d}, any of the following places is a prescribed place -
(a}
the registered office of the company or foreign company;
the principal place of business of an agent appointed by the company for the purpose of keeping the register of controllers; and
the residential address of an agent appointed by the foreign company for the purpose of keeping the register of controllers.
s 4Prescribed times or periods for purposes of Part XA
For the purposes of the provisions of Part XA set out in the first column of the Schedule, the prescribed times or periods are set out opposite in the second column of that Schedule.
For the purposes of section 310Fi!O), the particulars of a controller to be entered in a company's or foreign company's register of controllers are treated as confirmed if -
{a}
in response to a notice of the company given under section 310G(2), a person confirms, or an agent confirms on behalf of the person, that the person is a registrable controller and has provided those particulars; or
a person has notified the company or foreign company under section 310J(l) that the person is a registrable controller and has provided those particulars.
For the purposes of section 310F(IO), the particulars of a controller to be updated in a company's or foreign company's register of controllers (in this subrule referred to as the new particulars) are treated as confirn1ed if -
{a}
in response to a notice of the company or foreign company given under section 310Hill. the registrable controller confirms, or an agent confirms on behalf of the registrable controller, that a change in the registrable controller's particulars that are stated in the register of controllers has occurred and has provided the new particulars as the particulars that have changed;
2478
(b}
in response to a notice of the company or foreign company given under section 3101(1), the registrable controller confirms, or an agent confirms on behalf of the registrable controller, that the particulars that are stated in the register of controllers are incorrect and has provided the new particulars as the correct particulars; or
(c}
the registrable controller has notified the company or foreign company under section 310K(l) that a change in the registrable controller's particulars that are stated in the register of controllers has occurred and has provided the new particulars as the particulars that have changed.
PART3
REGISTER OF NOMINEE DIRECTORS
Prescribed particulars of person for whom director is nominee under section 310L(l) and (2)
s 6
(!) For the purposes of section 310L(l)(al and (b} and (2)(al and (b}, the prescribed particulars of an individual for whom the director is a nominee are -
(a} full name;
(b}
aliases, if any;
(c}
residential address;
(d}
nationality;
(e}
identity card number or passport number;
If! date of birth; and
(g}
date on which the director became the individual's nominee.
For the purposes of section 310L(l)(a} and (b} and (2)(a} and (b}, the prescribed particulars of a legal entity for whom the director is a nominee are -
2479
(a}
name;
(b}
unique entity number issued by the Registrar, if any;
(c}
address of registered office;
(d}
legal form of the legal entity;
(e} jurisdiction where, and statute under which, the legal entity is formed or incorporated;
({}
the name of the corporate entity register of the jurisdiction in which the legal entity is formed or incorporated, if applicable;
(g}
identification number or registration number of the legal entity on the corporate entity register of the jurisdiction where the legal entity is formed or incorporated, if applicable; and
(h}
date on which the director became the legal entity's nominee.
Prescribed place of register of nominee directors under section 3101(4)
s 7Ill
For the purposes of section 3101(4), any of the following places is a prescribed place -
(a}
the registered office of the company;
(b}
the principal place of business or residential address (as the case may be) by an agent appointed by the company for the purpose of keeping the register of nominee directors.
PART4
REGISTER OF MEMBERS OF FOREIGN COMPANY
Application of section 98 8.
Ill
For the purposes of section 304E, section 98(1) and (2) applies to the register of members of a foreign company as it applies to the register of n1en1bers of a company, subject to the modifications in subrule (2).
For the purposes of subrule (1)-
(a}
a reference in section 98(1) to "member" or "members" are to be read as a reference to ""member of the foreign company"' or "members of the foreign company•·, respectively;
(b}
a reference in section 98(21 to "any member" is to be read as a reference to "any member of the foreign company"; and
(c}
a reference in section 98(2) to "the company" is to be read as a reference to '"the foreign company".
Subject to the modification in subrule (4), section 98(3) applies to a failure to send a copy of the register of members of a foreign company required under section 98(2) as applied by subrule (1).
2480
The modification mentioned in subrule (31 is that -
fa)
the reference in section 98(3) to "subsection (2)" is to be read as a reference to "section 98(2), as applied by rule 8(1 I of the Companies (Register of Controllers and Nominee Directors) Rules, 2020''; and
each reference to "the company" is to be read as a reference to "the foreign company".