If my understanding of the "
legal-person-with-significant-control" PSC category ("Other Registrable Person" on the forms) is correct it seems that it's not uncommon that registrants are incorrectly using this category.
Both individuals and normal corporations appear to be recorded under this category when they should be listed as "
individual-person-with-significant-control" or "
Possible workarounds for API users
I can't see a "correct" way for us to automatically detect these, but checking the following may indicate something:
- Legal Form = "Person", "Company", "Director", "Secretary", "Limited Company Registered In England", "Limited", "Shareholder" etc. (Note: I believe technically individuals could be legal persons as "Corporation sole" but presumably they would be listed under their office etc.).
- Legal Form = "Government Department", "Local Authority" - finding these may suggest this is correct.
- Check against the officers (by name) to see if the PSC seems to match an "individual-person-with-significant-control" or even "corporate-entity-person-with-significant-control". Hardly foolproof but if there is only one name in the officers list and it matches this may be likely enough.
- Look up the name against another data set e.g. check if it's a company in Companies House!
I suspect the issue is misunderstanding of the IN01 incorporation form (see the registration page). Further details below.
From a Companies House data management point of view, I suppose the answer may be "they wrote it, we have to record it", but surely if someone records nonsensical "Legal form" or "Governing Law" on a new submission - especially with electronic submission - this could be picked up?
Tamara Lindsay - "Legal form" = "Person". Clearly a person - they're also recorded as such in the officers list, not as a "corporate-...", (e.g. see /officers/31Pu1hWahyc59tjXigfRK_iVhSI/appointments ).
Ross Sapsford "Legal form" = "Ross Sapsford". He's listed as the only officers, as director and secretary. Possibly meant that he was a "sole trader"?
Gifty Edusei "Legal form" = "Individual". (Note: company now dissolved).
Sridhar Virakthi - a variation: "Legal Form" is clearly being used as in "Correct form" of address, and it appears he's a law unto himself - "Governing law" = "Sridhar Virakthi".
One possible explanation for this kind is that people registering are misunderstanding the difference between a "corporation sole" and "sole trader". Either that or I am...
Francois Brault "Legal form" = "Lawyer" - perhaps they thought "legal persons with significant control" meant "any lawyers"? (Note - main company proposal to strike off).
Bodrum Ege (Ni) Ltd "Legal Form" = "Limited Company" - this appears to be a perfectly normal private company (NI609462), should it not be listed as "
corporate-entity-person-with-significant-control"? (Note: main company in liquidation)
Interhealth Canada (Uk) Ltd - "Legal Form" = "Limited Company" - looks like a normal company (04789206)
Correct usage examples
To check I've understood correctly, these seem to be examples of correct use of legal-person:
Nottingham City Council - A council, giving legal form as "Local Authority"
Commissioners Of The Northern Lighthouses - A government department / body, giving "Legal Form" as "Government Department"
Milton Keynes Council - "Legal Form" = "Local Authority" (Note: main company now dissolved)
Definition (from response from CH on XML forum, http://xmlforum.aws.chdev.org/t/psc-type-explanations/357):
I believe that "legal-person-with-significant-control is what our technical areas have chosen to use as a description for an Other Registrable Person.
Quoting from the IN01 form, these should be:
- a corporation sole (see https://en.wikipedia.org/wiki/Corporation_sole)
- a government or government department of a country or territory or a part of a country or territory
- an international organisation whose members include two or more countries or territories (or their governments)
- a local authority or local government body in the UK or elsewhere
Arguably the IN01 could be better designed. The guidance for completion does not seem to have anything to say on this issue.
As an aside the guidance could usefully be expanded, although would it be read...?