Company secretarial tip: Correcting company record error

Sometimes despite doing your best, mistakes can be made when documents are filed at Companies House. The big question is – can these be corrected?

The short answer is that it depends on the company record error.

The good news is that the most common mistakes can be quite easily fixed. To update a director’s address you can complete and submit a CH01 Form to change the details.

If your registered office has changed and you’ve forgotten to update it, just fill out an AD01 Form and send it to Companies House. However, please note that with the majority of these filings a 14 day filing period is generally the norm.

What if the error is more serious or has existed for an extended period of time?

What are the options to correct the record? Whilst Companies House have the power to remove a document if they have accepted it in error (when it should have been rejected) they will not remove a document, without a court order, if it has been accepted for filing but contains inaccurate information.

There are still some procedures that can be followed to correct certain inaccuracies on the record:

1)      Correcting errors on incorporation forms

If inaccurate information is provided on incorporation documents then additional forms are available to be submitted to Companies House to correct errors.

 

2)      Second filing of a document

This option is available to correct documents previously filed which contained errors. The original form remains on the register, if it was properly delivered and accepted by Companies House. The second filing ensures any correction is shown on public record.

Corrections can be made to forms which appoint and remove directors; change director details; advise of share allotments; PSC notifications and confirmation statements.

 

3)      Confirmation Statement errors

If a confirmation statement is filed with errors, the whole document may be refiled or if only a certain section should be corrected, Form RP04 can be filed together with a replacement of the part of the form which contained the mistakes.

 

4)      Removal of unnecessary material

If something is filed that is either not required or not authorised, The registrar of companies may be able to remove documents or material filed that’s either not required or not authorised. This is at their discretion and if certain tests are met. For example if the unnecessary material can be separated from the rest of the document, then the registrar can remove using their ‘administrative removal’ powers.

The ability to remove or correct certain documents is useful, but still rather overly complicated. It would be helpful if Companies House simplified some of the processes to avoid confusion for those searching company records.

 

Need our help?

There are a variety of options available to make sure your company record is up to date so if you need help or have any questions please do not hesitate to contact us.

Nicola Dagg Company Secretary Adviser

Post by Nicola Dagg, Company Secretarial Adviser