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Comment & Opinion

New Companies House procedures

Two new procedures have been introduced for Companies House filings with effect from 6 April 2016.

The first concerns the appointment of a new director. It is now possible for a person who has not consented to act as a director to apply to have their name removed from the register.  When Companies House receives such an application, it will request the relevant company to provide evidence of the director’s consent to act.  Where the company fails to do so within the requisite timeframe, Companies House will remove the director’s name from the public register.  Companies may wish therefore to consider asking incoming directors to sign a letter confirming their willingness to act.

The second concerns the situation where a registered office address is being used by a company without permission. It is now possible to apply to have the registered office address removed from the register.  If Companies House receives such an application it will (save where the application has no real prospect of success) give notice to the relevant company and request it to provide evidence that it can use the registered office as its address.  Should the company fail to supply such evidence, Companies House will change the registered office address to a default address, which will be a PO Box at Companies House.  Companies House will not be under any duty to open any documents delivered to this address and may destroy documents uncollected after 12 months.

WM comment

The new procedures are sensible and ought not to prove controversial or burdensome.

Business Meeting 8