Directors and filing obligations with Companies House

Not only is a director required to manage the day to day running of the company and make management decisions but they are also legally responsible to file information with Companies House in a timely manner. We will look briefly at some of the types of information that Companies House requires;

Annual Accounts
The Company’s Accounts must be filed with Companies House each year and the deadline for filing these is 9 months after the Company’s year-end. For example if a company prepared their accounts up to 31st December then they would have until the 30th September of the following year to file these with Companies House.

All statutory accounts includes a Balance Sheet, a Profit and Loss account, notes to support the balance sheet and profit and loss account, and a director’s report.

But when filing the accounts with Companies House small companies have the option to remove the director’s report and/or the profit and loss account and any notes that accompany the profit and loss account.

Confirmation Statement
A confirmation statement must be filed at least once a year (this date is normally one year after the date of incorporation) and you have 14 days to file this statement. This document confirms that the information held by Companies House is correct at that point in time. Such information includes the registered office address, details of the director(s), details of the company secretary, SIC Code, share capital and shareholders.

Register of People with Significant Control (PSC)
A company is required to keep a register of the people who control the company. The information held in this register is confirmed with Companies House on an annual basis as part of the Confirmation Statement.

However, if the information held in this register changes throughout the year then Companies House should be notified of the updated information within 28 days of the change. The company itself has 14 days to update it’s own register of any changes.

Changes in Directors and Company Secretaries
Companies House must be notified if a new director is appointed (by submitting a Form AP01) and also when an existing director is removed from their role (by submitting a Form TM01). The forms for appointing and/or ceasing a company secretary are different, Form AP03 for appointments and Form TM02 to cease a company secretary.

Companies House should also be notified when the personal details of either a director or company secretary changes. The most common change being a change in their residential address.

Companies House must be notified of any changes within 14 days.

Change in the Company’s Registered Office Address
When you are changing the company’s registered office address then Companies House should be notified immediately as this change only takes effect when the notification (Form AD01) is registered with Companies House.

All of the above information can be filed online with Companies House. The benefit of filing online is that Companies House will receive the information immediately and you will receive an email confirming that the information has been received.

Kerry Donaghy