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COMPANIES HOUSE BIOMETRIC VERIFICATION - A Guide to What To Do Before Compliance - And How To Mitigate It If You Already Did it.

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Before we begin, this is not a small issue. It is fundamentally significant. To verify or not, and your changed position if you have done so need full understanding. The choice to have or become a director of a limited company, is now playing by new rules.


Version 1.0


CONTENTS

  1. Understanding What You've Been Asked To Do

  2. The Legal Mechanism Behind the Trap

  3. Why It Matters (The Three-Entity Problem)

  4. SCENARIO A: You Haven't Verified Yet - Your Options

  5. SCENARIO B: You Already Verified - Damage Limitation

  6. Specific Action Plans

  7. Document Templates

  8. FAQs

  9. Legal Principles Reference


1. UNDERSTANDING WHAT YOU'VE BEEN ASKED TO DO


The Companies House Requirement

Companies House now requires verified identity for:

  • Company directors

  • People with significant control (PSC - anyone owning >25% shares or having significant influence)

  • Anyone authorized to file documents on behalf of a company


The Verification Process

The process typically involves:

  1. Creating or accessing your Companies House account

  2. Providing government-issued photo ID (passport or driving licence)

  3. Completing biometric verification (facial recognition matching ID photo)

  4. Linking verified identity to your Companies House account

  5. Your account then connects to all companies where you hold roles


What They Say It's For

Official reasons given:

  • Prevent fraud and identity theft

  • Improve transparency of company ownership

  • Combat money laundering and terrorist financing

  • Align with international standards (FATF recommendations)

  • Protect company directors from impersonation


What It Actually Does

Actual technical and legal effects:

  • Creates permanent biometric link between your physical body and legal person name

  • Explicitly connects living being (you) to statutory role (director)

  • Generates apparent evidence of consent to represent legal person

  • Creates centralized record of all your corporate activities

  • Makes future challenges to agency/personhood significantly harder


2. THE LEGAL MECHANISM BEHIND THE TRAP


The Three-Entity Framework

To understand why this matters, you must understand there are THREE separate entities involved:


ENTITY 1: YOU (Living Being)

  • Natural man or woman

  • Flesh, blood, consciousness

  • Physical, biological being

  • Existed before any legal framework

  • Subject to natural law (harm principle)

ENTITY 2: YOUR NAME (Legal Person)

  • Statutory creation (Interpretation Act definition)

  • Legal fiction (like a corporation)

  • Created by birth registration

  • Exists only on paper/in legal framework

  • Subject to statutory law (legislation)

ENTITY 3: COMPANY NAME LTD (Corporate Person)

  • Statutory creation (Companies Act)

  • Corporate legal fiction

  • Created by registration at Companies House

  • Exists only as legal entity

  • Subject to company and statutory law


THESE ARE DIFFERENT CATEGORIES OF EXISTENCE

A living being is NOT a legal person any more than a human is a corporation.


The Presumed Chain of Agency

The system operates on PRESUMPTION:

Living Being (you) ↓ [PRESUMED agency - never proven] Legal Person (YOUR NAME) ↓ [documented appointment] Corporate Person (COMPANY NAME LTD)

The second link is documented (director appointment, PSC registration).

The first link is PRESUMED but never proven by contract.


Why The First Link Matters

For statutory obligations to reach you (the living being), there must be a valid agency contract where you agree to represent YOUR NAME (the legal person).

This contract must meet all six essential elements of contract law:

  1. Offer - specific offer to act as agent/representative

  2. Acceptance - your explicit acceptance

  3. Consideration - mutual exchange of value

  4. Bilateral - both parties agreeing

  5. Informed consent - full disclosure of consequences (including personal liability, taxation, jurisdiction)

  6. Voluntary - free from duress, coercion, deception

No such contract exists. It never has.


The Nash v Inman Principle

Nash v Inman [1908] established a critical principle:

When the existence of a contract (including agency) is challenged, the burden of proving the contract exists rests ENTIRELY on the party claiming it exists.

They must prove either:

  1. You ARE the legal person (ontological proof - impossible, category error), OR

  2. You contracted to represent the legal person (produce signed contract - doesn't exist)

Without this proof, statutory jurisdiction over the living being fails.


The Current Gap

Right now, there's a GAP in the proof chain:

Challenge: "I am not [YOUR NAME]. Prove I contracted to represent them."

Their problem: They can't prove:

  • You ARE the person (category error - natural being ≠ legal fiction)

  • You contracted to represent the person (no written contract exists)

Under Nash v Inman, burden is on them. They cannot meet it.

This gap is why jurisdictional challenges can work.


How Biometric Verification Closes the Gap

BEFORE verification:

  • Your role as director is documented

  • But link between living being (you) and legal person (YOUR NAME) is presumed only

  • Can be challenged: "Prove I'm that person or prove I contracted"

  • They can't meet burden

AFTER verification:

  • Your biometrics (fingerprints, facial recognition) linked to YOUR NAME

  • YOUR NAME linked to director role

  • Creates apparent explicit proof of chain: You → YOUR NAME → Director

  • Appears to be voluntary consent (you "chose" to verify)

  • Makes challenge much harder: "But you verified your identity"

The verification appears to close the proof gap by:

  1. Creating explicit link between biological you and legal person

  2. Making it appear voluntary/consensual

  3. Generating documented evidence of connection

  4. Occurring in context of seeking corporate role (appears informed)


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