Establishing a company in the UK involves adhering to the legal requirements set forth by the Companies House. This is the government body responsible for incorporating and dissolving limited companies, registering company information, and making that information available to the public. To ensure your company remains in good standing, you will need to meet several key obligations. In this article, we will outline what these are and provide detailed instructions on how to meet each one.
At the heart of maintaining a company's good standing with Companies House is the regular filing of confirmation statements. This is a report that provides up-to-date information about your company. Regardless of how active or inactive your company is, this statement must be submitted at least once a year.
The confirmation statement provides details about the company's registered office address, directors, secretaries, and the location of all company records. In addition, it includes information about the company’s share capital and shareholders, as well as any significant control over the company. This statement helps Companies House ensure all registered companies are compliant with the UK's legal and financial transparency regulations.
It's worth noting that a company’s annual accounts and confirmation statement are two separate filings. When you submit your confirmation statement, you are confirming the data Companies House has about your company is correct. If you need to make any changes, you should do so before filing your confirmation statement.
The registered office address is the official address of your company. Keeping this address updated is crucial in maintaining good standing with the Companies House. You must inform Companies House if the registered office address changes. This is because official communications and legal notices from Companies House and HMRC will be sent to this address.
Your company's registered office address must always be an actual physical location in the UK, and it must be in the same part of the UK where your company is registered. For instance, if your company is registered in Wales, the registered office address must also be in Wales.
Companies House requires all registered companies to maintain accurate company records. These records should include details about the company itself, financial and accounting records, as well as records about the directors, shareholders, and company secretaries.
Also, any changes in your company's structure or management, such as appointment or resignation of directors, should be reported to Companies House. This can be done by filling the appropriate forms. Maintaining up-to-date records not only ensures compliance but also reflects positively on your company’s transparency and reliability.
Just like the confirmation statement, every company is required to file annual accounts with Companies House. These accounts give a detailed report of the company's financial activity for the year. They include a profit and loss account, a balance sheet, a directors' report and an auditors' report unless your company is exempt.
The first annual accounts should typically be filed 21 months after the company is registered with Companies House, and then annually within nine months from the company's financial year end. Failure to file these accounts on time can result in penalties, and persistent failure can lead to the company being struck off the register.
Beyond the regular filings and maintenance of correct records, companies also need to adhere to additional legal obligations. For instance, if your company trades overseas, you need to make sure you meet any legal requirements in those countries as well.
Similarly, if your company changes its name, you must inform Companies House by filling the appropriate form. If your company becomes insolvent, you have a legal obligation to inform Companies House immediately. Staying on top of these legal obligations ensures you maintain your company's good standing with Companies House.
In conclusion, maintaining a UK company's good standing with Companies House requires prompt filing of confirmation statements and annual accounts, keeping the registered office address updated, maintaining accurate company records, and adhering to additional legal obligations. By understanding and performing these actions, you can ensure your company remains compliant, reputable, and in good standing.
Overseas companies that have a physical presence in the UK are subject to specific requirements by the Companies House. They are expected to register with Companies House within one month of establishing a physical presence. This includes setting up a branch or place of business, or becoming a landlord in the UK.
Overseas companies must file accounts with Companies House, even if they file accounts in their home country. Companies House does not accept photocopied or scanned accounts. You must send a certified copy of the latest set of accounts that you have delivered to the company registry in your home country.
The accounts must be accompanied by a translation (if not in English), a statement of guarantee (if any), and a certified copy of the company's incorporation certificate. This includes information like the company's name, registration number, date of incorporation, legal form, and registered office address in the home country.
Also, any changes in the UK establishment's particulars, such as the name or address of the UK establishment, the company's constitution, and directors, must be reported to Companies House within 14 days of the change. This can be done by filling the appropriate form. Meeting these requirements is pivotal for maintaining an overseas company's good standing with Companies House.
Having a UK bank account is not a legal requirement for maintaining good standing with Companies House. However, it can make managing your company's finances easier and more transparent, especially if your company has a significant financial presence in the UK.
Opening a bank account in the UK for a limited company can be a complex process, especially for non-UK residents. To open a bank account, you would typically need to provide proof of your company’s registration, details of your directors, and the company's registered office address.
In addition, you would also need to provide a copy of your company’s articles of association and certificate of incorporation. Note that some banks might also ask for a certificate of good standing from Companies House, especially for overseas companies.
Maintaining a UK bank account involves keeping accurate records of all transactions, ensuring enough funds to cover any standing orders or direct debits, and regularly reconciling your bank statements with your company's financial records. Keeping your bank account in good order not only ensures smooth financial operations but also contributes to your company's overall reputation and credibility.
In summary, to maintain a UK company's good standing with Companies House, it is critical to understand and meet all legal obligations. This includes but is not limited to regular filing of confirmation statements, prompt submission of annual accounts, keeping the registered office address updated, maintaining accurate company records, registering and meeting the specific requirements for overseas companies, and properly managing a UK bank account if you have one.
In addition, make sure you stay updated with any changes in the legal requirements and report any changes in your company's particulars promptly. By doing so, you can ensure that your company remains on the right side of the law, enjoys a good standing with Companies House, and continues to build trust and credibility with all stakeholders.