In brief:
- A draft statutory instrument proposes targeted amendments to the ROE framework.
- Privacy protections are eased, but is the transparency regime strengthened in return?
A draft statutory instrument was laid before Parliament on 22 April 2026 which proposes to make a series of targeted amendments to three existing pieces of secondary legislation governing the Register of Overseas Entities ("ROE"). The proposed amendments are largely administrative in nature, refining the existing framework rather than introducing significant new policy.
In practical terms, the draft instrument makes the protection and disclosure regime more workable in three key ways:
- The instrument removes the service address requirement for registrable persons and registrable relevant legal entities as "persons with significant control" of LLPs.
- It removes the requirement to provide supporting evidence when applying for suppression of personal information. For example, currently an application to suppress a relevant individual's residential address from appearing on the ROE requires evidence that the relevant individual lives at that address. The proposed amendments will reduce the administrative burden on individuals who may struggle to obtain formal evidence. Importantly, however, a service address must still be provided as a replacement for any suppressed residential address, preserving a degree of public accountability for persons connected to active overseas entities.
- On the trust disclosure side, the draft instrument closes a gap whereby currently the presence of a minor in a trust structure could effectively block disclosure of all trust information. If the draft instrument is passed, the registrar will now be able to release information relating to other trust participants while still protecting the minor's data.
The requirement to name a trust when applying for disclosure is also proposed to be removed, simplifying the process for applicants who may not know its precise legal name. However, this would also mean that naming the trust would no longer be a requirement when applying for an ROE disclosure, potentially making it easier to apply to access trust information, for example, by using the name of an overseas entity which is publicly available on Companies House.
On balance, this instrument is a positive development. It strikes a sensible equilibrium between privacy and transparency. It eases procedural burdens on individuals seeking protection of their personal data, whilst simultaneously strengthening the disclosure regime by preventing minor-related protections from being used to shield wider trust information from legitimate scrutiny. The carve-outs and safeguards retained, particularly the continued service address requirement for active entities, ensure that the relaxation of evidentiary requirements does not materially undermine the transparency objectives of the ROE.