Section 167M Prohibition on director acting unless ID verifiedF1C1C2C3
An individual must not act as a director of a company unless the individual’s identity is verified (see section 1110A).
A company must ensure that an individual does not act as a director unless the individual’s identity is verified (see section 1110A).
A person who contravenes subsection (1) commits an offence.
If a company contravenes subsection (2) an offence is committed by—
the company, and
every officer of the company who is in default.
For this purpose a shadow director is treated as an officer of the company.
A person guilty of an offence under this section is liable on summary conviction—
in England and Wales, to a fine;
in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale and, for continued contravention, a daily default fine not exceeding one-tenth of level 5 on the standard scale.
The only consequences of contravening subsections (1) and (2) are the offences provided for by this section (so that, for example, a contravention does not in any way affect the validity of an individual’s acts as a director).
Annotations
Textual amendments
- F1
S. 167M and cross-heading inserted (26.10.2023 for specified purposes, 18.11.2025 in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 43, 219(1)(2)(b); S.I. 2025/1118, reg. 2(1)(g) (with reg. 4)
Modifications
- C1
Ss. 167J-167N applied with modifications (18.11.2025) by S.I. 2009/2436, Sch. 1 para. 6 (as substituted by The Companies Authorised to Register, Unregistered Companies and Overseas Companies (Application of Company Law) Regulations 2025 (S.I. 2025/761), regs. 1(3), 3(3) (with regs. 5, 6) and as amended (18.11.2025) by S.I. 2025/1116, regs. 1(2), 5(2); S.I. 2025/1118, reg. 2(g))
- C2
S. 167M applied (with modifications) (18.11.2025) by S.I. 2009/1801, reg. 17A (as inserted by The Companies Authorised to Register, Unregistered Companies and Overseas Companies (Application of Company Law) Regulations 2025 (S.I. 2025/761), regs. 1(3), 3(8) (with regs. 5, 6))
- C3
S. 167M applied (with modifications) (18.11.2025) by S.I. 2009/1804, reg. 17AA (as inserted by The Limited Liability Partnerships (Application and Modification of Company Law) Regulations 2025 (S.I. 2025/1033), regs. 1(2), 6(3) (with regs. 12-16); S.I. 2025/1118, reg. 2(1)(g))
- C4
S. 167M(1)(2) modified (18.11.2025) by S.I. 2025/1033, reg. 16(6)-(10) (as substituted by The Companies and Limited Liability Partnerships (Annotations, Application and Modification of Company Law and Consequential Amendments) Regulations 2025 (S.I. 2025/1116), regs. 1(2), 9; S.I. 2025/1118, reg. 2(g))
Notes on Part 10
Modifications
- C1
Pts. 1-39 modified (31.12.2020) by Regulation (EC) No. 2157/2001, Art. AAA1(3) (as inserted by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 97 (with regs. 140-145) (as amended by S.I. 2020/523, regs. 1(2), 5(a)-(f)); 2020 c. 1, Sch. 5 para. 1(1))
- C2
Pts. 1-39 (except for Pt. 7 and ss. 662-669), 45-47 extended (12.5.2011) by The Companies Act 2006 (Consequential Amendments and Transitional Provisions) Order 2011 (S.I. 2011/1265), art. 5(1), Sch. 1 para. 2
Notes on Chapter 1
Modifications
- C1
Pts. 1-39 modified (31.12.2020) by Regulation (EC) No. 2157/2001, Art. AAA1(3) (as inserted by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 97 (with regs. 140-145) (as amended by S.I. 2020/523, regs. 1(2), 5(a)-(f)); 2020 c. 1, Sch. 5 para. 1(1))