Company administration and dealing with Companies House

The ECCTA introduced a new set of statutory objectives for Companies House to:

1. ensure that any person who is required to deliver a document to the registrar does so (and that the requirements for proper delivery are complied with);
2. ensure that information contained in the register is accurate and that the register contains everything it ought to contain;
3. ensure that records kept by the registrar do not create a false or misleading impression to members of the public; and
4. to prevent companies and others from: (a) carrying out unlawful activities, or (b) facilitating the carrying out by others of unlawful activities.

In practice, these are fulfilled by new powers to, amongst other things:

• reject documents for, or require resolution of, inconsistencies;
• require additional information to be provided in relation to a filing;
• remove material from the register even after it has already been accepted; and
• analyse information for the purposes of crime prevention or detection where the Registrar considers it appropriate.

The ECCTA also amended certain provisions of the Companies Act 2006 with effect from 4 March 2024, introducing (amongst other things):

• stronger checks on company names;
• new rules for registered office addresses which will mean all companies must have an appropriate address at all times (for example, a PO Box will not be sufficient);
• a requirement for all companies to supply a registered email address:
  • companies formed after 4 March 2024 are required to give their registered email address upon incorporation; and
  • existing companies must supply a registered email address along with any confirmation statement filed dated after 4 March 2024; and
• a requirement for subscribers to confirm that they are forming a company for a lawful purpose upon its incorporation and that a statement be included on each subsequent confirmation statement that the intended future purposes of the company remain lawful. Existing companies will need to make this statement in any confirmation statement dated after 4 March 2024.

It is important to make sure that filings are done correctly and not as an afterthought, as breaches or incorrect filings may be picked up and penalised more actively by Companies House using its new powers of enforcement under the ECCTA. To explore how our specialist company secretarial team can support you in getting your filings right and dealing with Companies House, please contact lucy.barnes@stevens-bolton.com.