Each year, the company must send a standard form 'annual return' to Companies House, containing specified information about the company and its officers. The annual return is made up to a 'return date' and must be sent to Companies House within 28 days of that date.
You are also required to file a copy of your annual report and accounts at Companies House each year. The rules as to when this must be done by are being changed by the Companies Act 2006. Private company reports and accounts for financial years beginning before 6 April 2008 must be filed within ten months after the company's year end. However, private company reports and accounts for financial years beginning on or after 6 April 2008 must be filed within nine months. For public companies, the time limits are changing from seven to six months.
There are automatic civil penalties for late filing of annual accounts at Companies House, depending on how late they are. These are due to increase for accounts filed from 1 February 2009 onwards. For persistent failure, in relation to accounts commencing on or after 6 April 2008, the penalties will double.
Other filings which you must make with Companies House include:
- changes to the memorandum or articles, and some shareholder resolutions;
- changes to directors or their details;
- changes to the registered office address;
- if the company has one, changes to the company secretary or their details (company secretaries are optional for private companies from 6 April 2008);
- any change to the company's accounting reference date (ie your year end);
- certain changes to shareholdings or the company's share structure;
- if the company grants a mortgage or charge over an asset.
Failing to file documents on time can lead to severe penalties for the company and its officers. You should also be aware that it is a criminal offence not to file some of this information.
If you are uncertain whether you need to file information as the result of a change you are making, take advice. In many circumstances, your legal or financial advisors will in any case already be involved.
