Guidance notes - CBILS application form
Documentation for individuals
- We will make electronic enquiries to verify the details for each individual who is part of the application.
- We may also require some or all of the documentation listed below before opening the account. We will contact you to advise if these or any other supporting documents are required.
We will require the following documentation from each individual who is part of the application:
- Photo identification e.g. passport or photo card driving licence issued by an EU state.
- Proof of permanent residence address dated within the last 6 months eg utility bill or UK or EU bank statement. PO Box addresses are not acceptable. Mobile phone bills and printed online statements are not acceptable.
Documentation supporting the application must be the original(s) or copies certified as true copies of the original(s) by a UK or EU bank, a UK or EU accountant, a UK or EU solicitor or UK post office. For applicants residing outside the EU, we will accept documents certified by an equivalent professional. All documentation and certification submitted must be in English.
The professional certifying the documents must be clearly identifiable and thus all relevant official stamps must be used, i.e. name of individual certifying, professional registration reference (if applicable), company name, address, email address, business telephone number and date.
Documentation for organisations
UK public and private limited companies, UK companies limited by guarantee and limited liability partnerships (LLPs) must be registered with Companies House and we will make electronic enquiries to verify the details provided for the organisation. We may also require some or all of the documentation listed below under ‘International companies’ before opening the account and will contact you to advise you if so required.
- Certificate of Incorporation and Memorandum and Articles of Association (or equivalent)
- Resolution authorising certain officers to sign account opening documentation
- Verification of beneficial ownership by either the company’s accountants or solicitors, or share certificates
- The partnership agreement
The guidance notes explain some of the terms used in this form. For the avoidance of doubt, the guidance notes are for reference purposes only and do not constitute tax advice. If you require further guidance then you should seek professional assistance or contact HMRC.
Please specify in this form ALL jurisdictions in which you are resident for the purposes of income tax. If you have more than one jurisdiction of residency please list each one.
TIN: This is the tax identification number that your country of residence for tax purposes has issued you. This would include, for example a National Insurance Number (UK, Guernsey, Jersey and Isle of Man) or an Individual Tax Identification Number (USA).
TIN unavailable: Please provide the reason(s) why you cannot provide a TIN you have been issued or confirm if your country of residence does not provide such numbers.
US person: A US Person for the purpose of the Foreign Account Tax Compliance provisions (commonly known as FATCA) includes US citizens (even if residing outside the USA) or resident individuals – please confirm whether this applies to you. A resident individual could include, but is not limited to, Green Card holders and individuals that meet relevant substantial presence tests. If you require guidance on the substantial presence test please visit the HMRC website or seek professional assistance. We may contact you, now or in the future, for additional information if you are a US person.
On the types of enterprises taken into account for calculating the headcount and the financial amounts.
- Types of enterprises
The definition of an SME distinguishes three types of enterprise, according to their relationship with other enterprises in terms of holdings of capital or voting rights or the right to exercise a dominant influence.
Type 1: Linked
This type corresponds to the economic situation of enterprises which form a group through the direct or indirect control of the majority of the voting rights (including through agreements or, in certain cases, through natural persons as shareholders), or through the ability to exercise a dominant influence on an enterprise. Such cases are thus less frequent than the two following types.
The applicant enterprise is linked to another enterprise if:
- two or more enterprises are linked when they have any of the following relationships;
- one enterprise holds a majority of the shareholders’ or members’ voting rights in another;
- one enterprise is entitled to appoint or remove a majority of the administrative, management or supervisory body of another;
- a contract between the enterprises, or a provision in the memorandum or articles of association of one of the enterprises, enables one to exercise a dominant influence over the other;
- one enterprise is able, by agreement, to exercise sole control over a majority of shareholders’ or members’ voting rights in another.
Note: A typical example of a linked enterprise is the wholly owned subsidiary.
Type 2: Partner Enterprise
This type represents the situation of enterprises which establish major financial partnerships with other enterprises, without the one exercising effective direct or indirect control over the other. Partners are enterprises which are not autonomous but which are not linked to one another.
The applicant enterprise is a partner of another enterprise if:
- it has a holding or voting rights equal to or greater than 25% in the other enterprise, or the other enterprise has a holding or voting rights equal to or greater than 25% in the applicant enterprise;
- the enterprises are not linked enterprises within the meaning defined above, which means, among other things, that the voting rights of one in the other do not exceed 50%.
Type 3: Autonomous Enterprise
It applies to all enterprises which are not one of the two other types of enterprise (partner or linked).
An applicant enterprise is autonomous if it:
- is totally independent, i.e. it has no participation in other enterprises; and no enterprise has a participation in it;
- does not have a holding of 25% or more in any other enterprise;
- and is not 25% or more owned by any enterprise or public body or jointly by several linked enterprises or public bodies, apart from some exceptions(*);
- and does not draw up consolidated accounts and is not included in the accounts of an enterprise which draws up consolidated accounts and is thus not a linked enterprise.
2. The headcount and the annual work units
The headcount of an enterprise corresponds to the number of annual work units (AWU).
Who is included in the headcount?
- The employees of the applicant enterprise;
- Persons working for the enterprise being subordinate to it and considered to be employees under national law;
- Partners engaging in a regular activity in the enterprise and benefiting from financial advantages from the enterprise.
Apprentices or students engaged in vocational training with an apprenticeship or vocational training contract are not taken into account in the headcount. How is the headcount calculated? One AWU corresponds to one person who worked full-time in the enterprise in question or on its behalf during the entire reference year. The headcount is expressed in AWUs. The work of persons, who did not work the entire year, or who worked part-time - regardless of its duration - and seasonal work is counted as fractions of AWU. The duration of maternity or parental leave is not counted.
An Enterprise can still be ranked as an autonomous if any of the following types of investors holds 25-50% of its capital or voting rights:
- Venture capital company
- Institutional investor
- Small autonomous local authority