Trust information protection provisions for the Register of Overseas Entities are now live
The UK government brought the Register of Overseas Entities (Protection and Trusts) (Amendment) Regulations 2025 into law on 24 February. They will have a significant impact on the availability of information about trusts held on the Register of Overseas Entities (ROE).
The ROE was introduced under the Economic Crime (Transparency and Enforcement) Act 2022 and requires any overseas entities that hold, or intend to acquire, land in the UK to register with Companies House and provide details of their registrable beneficial owners.
In respect of trusts, the required information includes details of beneficiaries, settlors, grantors and “interested persons”, such as a protector. Previously, certain trust information, including the names of beneficiaries or the name of the trust, was not publicly available unless a beneficiary was also a “registrable beneficial owner”.
The new regulations change this. From 31 August 2025, subject to certain limitations, they give the Registrar the power to grant, on application, access to trust information that is currently restricted.
Anyone will be able to make an application for trust information unless a “legitimate interest” condition applies – where an application for trust information relates to more than one overseas entity or would result in disclosure of information relating to a person under 18 years old or who lack capacity.
In such cases, Companies House must be satisfied that the applicant has a “legitimate interest” in the disclosure. An application for the disclosure of trust information must state the name of the trust in question in order to prevent ‘fishing expeditions’ and the applicant must include additional information, including evidence that they are investigating money laundering, tax evasion, terrorist financing or breaching of sanctions, and a statement that they are requesting the information in order to further that investigation and how they are proposing to use any information disclosed.
A protection regime allows relevant individuals to have their information made publicly unavailable and not subject to disclosure by Companies House. Previously, a protection application could only be filed where an applicant reasonably believed that the public disclosure of information would put them, or a cohabitee, at risk of violence or intimidation, or, where their usual residential address would be revealed.
Under the new measures, the grounds for being granted protection are expanded, as of 28 February 2025, to include relevant individuals who are under 18 years old or who lack capacity.
It is therefore advisable that anyone associated with a trust, whose details have the potential to be publicly disclosed from 31 August 2025 onwards, should file a protection application if they meet the relevant criteria to prevent public disclosure from occurring. Companies House will take at least 30 days to process an application and the relevant information will be protected from public disclosure whilst an application is being processed.
If you have any concerns or require further information on the regulations and their implications, please contact Sovereign Corporate & Trustee Services Limited (SCATS) below.
