The statutory guidance regarding the PSC register at Companies House lists a number of examples of persons who exercise actual significant control over a company, whilst not owning more than 25% of the shares/powers etc. but this does not explicitly state that husband and wife should be treated as one person in measuring the extent of their control. I have a company with a husband and wife owning 22.5% of the shares each giving a collective holding of 45% of the ordinary shares (there are no other shares). The remainder of the shares are held by unrelated parties, none of whom has more than 25% of the shares. This is a Model articles company under the 2008 regulations.One spouse is the MD and very active in the company and the other spouse is not active in the management of the company.
My question is:-
Should the active spouse be treated as a person with significant control? It seems likely. I do not think the inactive spouse should be treated as a PSC.
Has anyone any experience of or views on this?