October 2009

October 2009 sees the final sections of the Companies Act 2006 implemented. These changes arguably introduce the greatest changes for Companies House, company officers, company formation agents and people considering registering a limited company in the UK.

The following is an overview of the changes that will occur on 1 October 2009.

  • Registrars Powers– This section of the act has changed the powers given to Companies House (the registrar in the UK). Companies House can decide how forms are presented and how information is delivered. This has improved the delivery of information by electronic means. The registrar can also make amendments to the register and annotate records as they require. 
  • Form Changes – The Companies Act 2006 will introduce approximately 200 new or renamed forms. Previously all Companies House forms were named relating to the section of the Companies Act 1985 that they refer to. The new names will reflect to sections of the new act.
  • Company Formation – The intention behind the act is to make it easier for businesses to set up and operate as a limited company. Companies will now provide a simplified Memorandum, adopt new model articles (or provide an amended version), and complete from IN01. It will no longer be necessary to obtain a solicitors signature for paper applications, a statement of compliance is completed instead. Companies will no longer have an authorised share capital. A statement of capital is submitted at the time of incorporation and whenever changes are made to the company’s share structure.
  • Change of Company Name- From October 2009 a company will be able to change its name by four methods-
    • resolution;
    • conditional resolution;
    • resolution from directors;
    • means provided in the company’s articles.
  • Treatment of Company Names – The registrar will be stricter on the use of company names that are deemed to be the ‘same as’ another registered company. For example, Companies House will not allow a similar name with an amended suffix preceded by a full stop including “GB”, “services”, and “com”.
  • Directors Service Addresses – All new company formations will require two addresses to be provided. The first address being the director’s residential address, the second being the director’s service address. For more information please visit our director’s address pages.
  • Administrative Restoration – The Companies Act 2006 will introduce new powers to restore companies. The new powers supplement the existing court orders that are used to restore a company to the register. Where Companies House is not able to assist with a company registration the previous process through the courts can still be used.
  • Single Alternative Inspection Location (SAIL) – The Companies Act 2006 will still require companies to keep and maintain a set of registers. This may be as many as 13 registers. These company registers should be kept at the registered office address or at a Single Alternative Inspection Location (SAIL). When a SAIL is being used or when a company register is moved from its location to another Companies House should be informed.
  • Statement of Capital – The statement of capital provide details of a company’s share structure at a given time. When a company is formed a statement of capital is completed. Further statements should be completed and filed at Companies House whenever a change to the company’s share structure is made. For more information please see our statement of capital page.
  • Northern Ireland Companies– From October 2009 companies that are registered in Northern Ireland will be recorded at Companies House with all other UK companies. Previously NI company records were recorded by the DETI in Belfast. This will mean that NI companies forms, incorporation’s and record keeping will now be governed by Companies House under the Companies Act 2006. For more information please see our Northern Ireland page.
Twitter Delicious Facebook Digg Stumbleupon Favorites More