Do Company Directors Have To Verify Their Identity?

Company directors have to verify their identity under new legislation introduced by the Economic Crime and Corporate Transparency Act 2023. This major development affects all UK company directors and people with significant control (PSCs), placing new responsibilities on both new and existing businesses.

What Has Changed?

At Red House Consultancy, we’re here to help directors understand these requirements and ensure full compliance.

Under the Economic Crime and Corporate Transparency Act 2023, company directors have to verify their identity directly with Companies House. This move is part of a broader government initiative to improve transparency, strengthen corporate accountability, and prevent economic crime across the UK.

The new verification rules are being introduced in stages:

  • From autumn 2025, all newly appointed directors must verify their identity before their appointment is officially registered.

  • From spring 2026, all existing company directors must have completed the identity verification process.

How Can Directors Complete Identity Verification?

There are several ways to meet the new requirement that company directors have to verify their identity:

  • Online verification: This is available for individuals who have a biometric UK passport or driving licence.

  • In-person verification: If online verification isn’t possible, directors can visit certain Post Office branches with appropriate identification documents.

  • Through an Authorised Corporate Service Provider (ACSP): If verification cannot be completed through the above methods, a solicitor, accountant, or other ACSP can verify a director’s identity on their behalf. However, directors must first submit their identity details to Companies House.

It’s important to note that company directors have to verify their identity before certain filings can be made or appointments confirmed. Failing to comply could delay appointments or prevent important company filings.

Additional Legal Duties Under the Act

The Economic Crime and Corporate Transparency Act 2023 introduces additional obligations for companies, alongside identity verification.

Statement of Lawful Purpose

When incorporating a new company, subscribers must now confirm that the business is being established for lawful purposes. Existing companies must also provide this confirmation annually as part of their confirmation statement.

This ensures that companies are only created for legitimate activities and reduces the risk of businesses being used for fraudulent or illegal purposes.

Providing Contact Details

Companies must now provide Companies House with a valid email address for official communications. This allows Companies House to contact businesses directly and efficiently if any compliance issues arise.

Directors’ Responsibilities in Insolvency Situations

While these new measures mean that company directors have to verify their identity, directors must also remain mindful of their existing duties, especially when a business is facing financial difficulties.

Preferences

A preference occurs when a company prioritises one creditor over others in the lead-up to insolvency. A liquidator may challenge such payments if:

  • They took place within six months of insolvency (for unconnected creditors).

  • They occurred within two years (for connected parties), where it’s presumed that the director intended to prefer that creditor.

Transactions at an Undervalue

A transaction at an undervalue is when a company transfers assets or provides value for significantly less than market value. If this happens within two years of insolvency, a liquidator can seek to reverse the transaction if it caused or worsened the insolvency.

If directors are found to have breached their duties through preferences or undervalue transactions, they may face personal liability and could be ordered to repay funds into the insolvent estate.

Why Professional Advice Matters

The fact that company directors have to verify their identity reflects the UK’s increasing focus on corporate transparency and director accountability. With these new requirements in place, directors must ensure they fully understand their legal responsibilities to avoid potential penalties or delays.

At Red House Consultancy, we are here to provide expert advice on all aspects of company law. Whether you need help with identity verification, company formation, or navigating the complexities of insolvency, our experienced team can guide you through every step.

What Our Clients Have To Say

  • “My First Point Of Call”

    “Tim is always my first point of call when I hit a difficult commercial issue.”

    Simon Slade Property/Real Estate Investor

Contact Us To Discuss Your Requirements

Start Your Personal Legal Consultation with Red House Consultancy.

Get In Touch