Companies Act
Information for Company Agents
Below is a table of the main issues affecting Companies House systems, and the action being taken to resolve them. Information was updated on 08/07/2010.
| Service | Issue | Comments |
|---|---|---|
| CHD | Some instances reported where Northern Ireland company mortgage details are not being displayed | Under investigation. In the meantime warning messages have been placed on the relevant CHD screens |
| Electronic document filing | There are issues which are preventing a small number of electronically submitted documents from being processed. | This issue is being actively controlled, and investigations are continuing into providing a fix to the underlying problem. |
| XML Gateway | On the initial statement of capital on an electronically filed incorporation, the number of shares and aggregate value of shares for each share class, is currently not validated against the initial shareholdings. | Fix deployed to live but some issues remain which are being investigated. Companies House reference R76901 |
| Electronic Document Filing | Instances reported of some WebFiled accounts being rejected | Under investigation Companies House reference R7418 |
| CHD / WebCheck | Multiple entries are being shown for the same person in the Officer Search function | Currently under investigation Companies House reference R78996 |
| CHD Service | Some issues reported on Northern Ireland LLP annual accounts period end dates and the last dates for filing. | Currently under investigation Companies House reference P7488 |
Document Processing
| Issue | Guidance |
|---|---|
| On incorporation and when changing the company name, some of the company names are appearing as the ‘same as’ company names on the register | In addition to the name and number search, Companies House is developing an online ‘same as’ names checker that will be available shortly via XML, WebCheck and Businesslink. |
| Memorandum of Association | There have been important changes to the company law in respect of the memorandum of association. The Companies (Registration) Regulations 2008 stipulate that the memorandum must be submitted in the prescribed form. However to help customers adjust to this revised way of working, we will accept a memorandum of association which in addition to the prescribed form contains information in the form of subscribers addresses or information relating to share capital, until 6th April 2010. From that date any memorandum of association submitted with this information will be rejected. The memorandum of association, once processed, is available to view by the public on the Register at Companies House. The introduction of the Statement of Capital is designed to ensure that there is clear and up to date information about a company's share capital. The revised memorandum of association is intended only to evidence the intention of the subscribers to the memorandum to form a company and become members of that company on formation. It follows from this that it is not possible to amend or update the memorandum of a company formed under the Companies Act 2006. |
| Articles of Association | Following discussion with the Board of ACRA it was agreed that the statement within the Articles of Association would be amended accordingly for submissions received on or after 2nd November 2009, to: © The Association of Company Registration Agents Limited 2009. All rights reserved. Any further unacceptable statements will result in rejection. |
| Submission of Supporting Evidence | There is a particular concern about the supply of supporting evidence in terms of Electronic Incorporations, which should accompany the data using the PCL attachment process as set out in the technical interface specification.
Unfortunately, a small number of customers have been experiencing problems and we have continued to allow this evidence to be faxed to our offices. This is a practice however, that cannot be prolonged and we have therefore, given a period of grace up to 6th April 2010, (for incorporations only), to allow our Software Filing customers time to adapt their services. During the transitional period we must ask that any supporting evidence be submitted wherever possible as part of your electronic submission, especially for Same Day applications. If you must use the fax backup then the supporting advice must be on letter headed paper and contain the relevant information and signatures. It also needs to be sent at the same time as the submission, to avoid us having to hold or reject documents unnecessarily. |
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