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. This information was updated on 19/02/2010.
| Service | Issue | Comments |
|---|---|---|
| CHD / WebCheck | 9005 errors is displayed intermittently when selecting the filing history, or appointments for certain officers | Further fixes have passed testing and will be deployed to the live system shortly |
| CHD / WebCheck | Some instances reported where Northern Ireland company mortgage details are not being displayed | Database issues have been identified and are being brought into line. (P7151) P7336 – a fix has passed testing and will be deployed to the live system shortly. |
| 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 |
| Bulk Output Products | Within the liquidation file the completion date is being shown is the same as the approval date. | This issue has been fixed ongoing. |
| Document Images | The statement of capital is not being displayed on some incorporation images. | A fix has been identified and is currently being tested. |
| Document Images | Shareholder details are not being displayed on the AR01 | This has been fixed but there are still a few intermittent instances which are under investigation. Companies House reference P6870 |
| Document Images | Some instances of directors and secretaries details missing from the AR01 but showing on the IN01. | These cases are currently being addressed on an individual basis. |
| 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. | A modification is currently being developed for both XML and WebFiling to validate the data, and prevent this issue from occurring. Companies House reference R76901 |
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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