List of Notices

Description of Notices to be Issued in the Event of Noncompliance

Legislation provides for the following notices to be issued in the event of noncompliance:

Notice

Description

S790D

Notice to an Individual whom the Company knows or has reasonable cause to believe to be a registrable person in relation to it

S790D

Notice to a legal entity whom the Company knows or has reasonable cause to believe to be a registrable relevant legal entity in relation to it

S790E

Notice to an Individual whose details were registered on a PSC Register, where the Company knows or has reasonable cause to believe those details have changed

S790E

Notice to a legal entity whose details were registered on a PSC Register, where the Company knows or has reasonable cause to believe those details have changed

Schedule 1B.1 (2)

Warning notice advising a person that the Company is proposing to issue a restriction notice under this section of the Act

Schedule 1B 1

Restriction notice issued under paragraph 1 of Schedule 1B to the Act

Schedule 1B 11

Notice withdrawing a restriction notice

Additional Information Regarding the PSC Notices Generated by Diligent Entities

Notice/Additional Matter

Comment

Section 790D Notice

  • Applicable to "Potential PSCs" i.e. where no entity/person has as yet been attached to the PSC
  • Applicable to Individuals
  • Applicable to Other Registrable Persons
  • Applicable to Relevant Registrable Legal Entities

Section 790E Notice

  • Not applicable to "Potential PSCs" - you must have identified the PSC to produce this notice (a warning will appear on the notice if it is produced)
  • Applicable to Individuals
  • Applicable to Other Registrable Persons
  • Applicable to Relevant Registrable Legal Entities

Section 790D and 790E Reminders ("Non Statutory Notices")

  • The issue of a reminder notice is not a statutory requirement, being an option only
  • The notice will look for an earlier "790D" or "790E" notice to populate the "Previous Notice Date"
  • Applicable to "Potential PSCs" (but only if the Previous Notice was a 790D notice – a warning will appear if the previous notice was not a 790D notice)
  • Applicable to Individuals
  • Applicable to Other Registrable Persons
  • Applicable to Relevant Registrable Legal Entities
  • The "Hear By Date" is auto populated, the date being the date of the previous 790E notice plus one month

Section 790D and 790E Warning/Failure to Comply Notices

  • The notice will look for an earlier "790D" or "790E" notice to populate the "Previous Notice Date".
  • The notice will state "You have FAILED to comply with your legal obligation to respond to this notice". If an earlier "Reminder Notice" has been issued, the notice will additionally state "...notwithstanding our having written to you again on [%PSC.ReminderNoticeDate%] to remind you of your obligation and of the legal penalties for failure to do so"
  • The "restriction date" is the date of the warning notice plus one month
  • The "Hear By Date" is the date of the 790E or 790E warning notice plus one month
  • Not applicable to "Potential PSCs"
  • Applicable to Individuals or Companies/corporates (mainly same wording but header differs i.e. Dear XXX or Dear Sirs(s)

790D or 790E Restrictions Notices[1]

  • The notice will look for an earlier "790D" or "790E" notice to populate the "Previous Notice Date"
  • The notice will look for an earlier "Reminder Notice" and state "This was followed by a reminder on XXX" where XXX is the earlier notice reminder date
  • The notice will also look for an earlier "790D or 790E Warning" notice and state "...warning notice pursuant to Schedule 1B (1)(2) of the Act on XXX" where XXX is the earlier warning notice date. If the warning notice is not found it will state "WARNING NOTICE NOT FOUND!".
  • If a previous reminder notice is found there will be text stating "...in consequence of these repeated FAILURES". If the reminder is not found the text will state "...in consequence of this repeated failure".
  • Not applicable to "Potential PSCs"
  • Applicable to Individuals or Companies/corporates (mainly same wording but header differs i.e. Dear XXX or Dear Sirs(s)

790D and 790E Withdraw Restrictions Notices

  • The notice will look for an earlier "790D or 790E Restrictions" notice and state "...give you notice that the restrictions notice issued on XXX" where XXX is the earlier restriction notice date. If the restriction notice is not found it will state "[Restriction Date Not Found!]".
  • Not applicable to "Potential PSCs"
  • Applicable to Individuals or Companies/corporates (mainly same wording but header differs i.e. Dear XXX or Dear Sirs(s)

790D and 790E Withdraw Restrictions - via Court Order

  • Same as for 790D and 790E Withdraw Restrictions

[1] The full text description for the additional matter differs depending on whether the entity that has PSCs is a Company or an LLP.