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Confirmation statement

Now companies must file a “confirmation statement” at Companies House, at least annually. If your company’s records are inaccurate or late, you face a £3,000 penalty and criminal actions.

If you file the confirmation statement late,  the Registrar of Companies assumes the company is not trading and strikes it down.  If directors do not correctly file statutory records, they breach their directors’ duties.

Confirmation statement

From 30 June 2016 limited companies and LLPs must file a confirmation statement instead of an annual return. The confirmation statement confirms all records are current.

Top mistakes when filing a confirmation statement

The confirmation statement is different from an annual return. Mistakes are easily made. Companies and directors risk trouble if they do not:

  • File the confirmation statement if the company is dormant;
  • Prepare a confirmation statement if there has not been no change to the company;
  • File a people with significant control statement with their first confirmation statement;
  • File the confirmation statement on time, i.e. 14 days from the end of the review period;
  • Deliver a correct statement of capital with the confirmation statement,
    • Which includes correct information about share classes and share rights;

It is good practice to:

  • File a confirmation statement after restructurings and other key events;
  • Submit a confirmation statement before submitting other documents recording a company change,
    • e.g. not sending a form appointing a director who is included on the confirmation statement;
  • Forget to include a reportable event on a separate form.

Companies House does not inform you that you’ve incorrectly submitted the confirmation statement.  Mistakes don’t impress existing shareholders. If potential investors cannot access correct company information,  you might lose their investment.

When to file a confirmation statement?

Limited companies and LLPs must file a confirmation statement at least on an annual basis. You can file confirmation statements multiple times in a year. This is useful for companies who are restructuring.

For example, if your most recent annual return was made up to 30 September 2015, then:

  • The review period for your first confirmation statement ends a year later, on 30 September 2016.
  • You should file a confirmation statement within 14 days after 30 September 2016.

How to file a confirmation statement and what to include?

File a confirmation statement using form CS01. It is available online. The first confirmation statement should include information about people with significant control. If the basic two-page form is insufficient to cover the company’s changes, you can add supplemental pages.

Changes to include in the confirmation statement

The confirmation statement could include:

  • Shareholder’s information updates;
  • Company trading code changes;
  • Statement of capital amendments.

Changes which cannot be reported by a confirmation statement

However, a confirmation statement cannot inform Companies House of all changes. Appropriate, separate forms are required for changes to, e.g.:

  • Company officers;
  • Registered office;
  • Single alternative inspectin location.

Fees for confirmation statement

The cost is £13 when filed online or £40 when filed on paper.  However, these fees cover a 12-month period. During these 12 months, you can file multiple confirmation statements without paying again.

Summary

Gannons will:

  • Keep companies’ details up to date;
  • Prevent penalties and criminal action against directors.

We know the risks and spot mistakes.

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