We thought it would be a good idea to update you on the changes to UK Company Law implemented by Companies House from 4th March 24.
I hope you are all sitting comfortably and have your reading glasses on – tighten your belts for this one! Here we go:
From the 4th March 24 Companies House have:
- greater powers to query information and request supporting evidence
- stronger checks on company names
- new rules for registered office addresses
- a requirement for all companies to supply a registered email address
- a requirement for all companies to confirm they’re forming the company for a lawful purpose when they incorporate, and to confirm its intended future activities will be lawful on their confirmation statement
- the ability to annotate the register when information appears confusing or misleading
- taking steps to clean up the register, using data matching to identify and remove inaccurate information
- sharing data with other government departments and law enforcement agencies
New Rules for Registered Office Addresses
Companies must have an ‘appropriate address’ as their registered office at all times. An appropriate address is one where:
any documents sent to the registered office should be expected to come to the attention of a person acting on behalf of the company
any documents sent to that address can be recorded by an acknowledgement of delivery
These changes mean you will not be able to use a PO Box as your registered office address from 4 March 2024. You can still use a third-party agent’s address if they meet the conditions for an appropriate address.
Registered Email Address
From 4 March 2024, there is a new requirement for all companies to give a registered email address to Companies House. This email address will not be published on the public register.
Newly Incorporated companies will need to give a registered email address when they incorporate. Existing companies will need to give a registered email address when they file their next confirmation statement with a statement date from 5 March 2024.
Companies House will use this email address to communicate with you about your company, so it’s important that you choose an appropriate email address. You can register the same email address for more than one company.
You’ll be able to change your registered email address through Companies House new ‘update a registered email address’ service.
Companies will have a duty to maintain an appropriate registered email address, in the same way as their registered office address. Any company that does not do this will be committing an offence.
What we can do to help you:
Any clients who have signed up for Company Secretarial Duties with us, we will use our email address for any correspondence with Companies House. So there is nothing for you to do on this one.
Statement of Lawful Purpose
When you incorporate a company from 4 March 2024, the Shareholders/Members will need to confirm they’re forming the company for a lawful purpose.
You’ll also need to confirm the company’s intended future activities are lawful on the confirmation statement.
The intention of these new statements is to make it clear that all companies on the register, new and existing, have a duty to operate in a lawful way. Companies House may take action against your company if they receive information that confirms you’re not operating lawfully.
Companies House will not accept your documents if these statements have not been confirmed.
What does this mean for you:
If you are intending to set up a Ltd Company please seek our advice first.
Existing Companies
Existing companies will need to make a lawful purpose statement when they file their next confirmation statement with a statement date from 5 March 2024.
We have implemented changes to our processes to make it easier for any clients signed up for Company Secretarial duties with us.
- When you Confirmation Statement is due we will:
Send your Confirmation Statement to you to confirm all details are correct.
We will provide a Statement of Lawful Purpose which will need signing and dating by you. Once you have signed the Statement of Lawful Purpose we will then submit the Confirmation Statement to Company’s House on your behalf and use our email address.
You MUST sign the Statement of Lawful Purpose otherwise we will NOT be able to submit the Confirmation Statement to Companies House. So Pleaseeeeeeee get those Statements signed!
These measures will all contribute towards meeting the new registrars’ objectives, and Companies House will make all their decisions based on these objectives.
It is quite a lot to take in but please take the time to read these changes in readiness for the next batch of changes to come on 5th May 2024!
Please contact us if you are unsure of any information in this document.