Companies House

Last updated

Companies House
CompaniesHouse.svg
Agency overview
Formed5 September 1844;180 years ago (1844-09-05)
HeadquartersCrown Way
Cardiff
CF14 3UZ
Employees1,000
Agency executive
  • Louise Smyth, Chief Executive
Parent department Department for Business and Trade
Key document
Website companieshouse.gov.uk
Footnotes
[1] [2]

Companies House is the executive agency of the British Government that maintains the register of companies, employs the company registrars and is responsible for incorporating all forms of companies in the United Kingdom. [3] [4]

Contents

Prior to 1844, no central company register existed and companies could only be incorporated through letters patent and legislation. At the time, few incorporated companies existed; between 1801 and 1844, only about 100 companies were incorporated. The Joint Stock Companies Act 1844 created a centralised register of companies, enabled companies to be incorporated by registration, and established the office of the registrar; the Joint Stock Companies Act 1856 mandated separate registrars for each of the three UK jurisdictions. Initially just a brand, Companies House became an official executive agency in 1988.

All public limited, private limited, private unlimited, chartered and some other companies are incorporated and registered with Companies House. The agency also registers limited partnerships, while most other enterprises fall under the purview of the Financial Conduct Authority. All limited companies (including subsidiary, small and inactive) must file annual financial statements with Companies House, all of which are public records. The agency is also responsible for dissolving companies.

From 2016, Companies House operated under the authority of the Department for Business, Energy and Industrial Strategy. This then became the Department for Business and Trade from 7 February 2023 following a Machinery of Government change initiated by Prime Minister Rishi Sunak. The current chief executive is Louise Smyth, who also serves as registrar for England and Wales. The agency, as well as British company law in general, are governed by the Companies Act 2006. As of August 2023, Companies House maintains 5.32 million active companies. [5]

History

19th century

Prior to 1844, companies could only be incorporated through grant of a royal charter, by private act of Parliament, [6] or, from 1834, by letters patent. Few companies were incorporated, with only approximately 100 companies being incorporated by private act between 1801 and 1844. [7] At this time, no central register of companies was in existence.

Joint Stock Companies Act 1844

The origins of Companies House date back to 1844, the year the Joint Stock Companies Act received royal assent, enabling companies to be incorporated by registration for the first time. [8] The Act created the office of the Registrar of Joint Stock Companies to maintain the register of companies, [9] which was publicly accessible. [10] It was hoped by MPs of the day that a publicly accessible central company register would help to protect the public from fraud. [11] All companies, irrespective of their method of incorporation, were obliged to register within three months of the commencement of the Act. [7]

The Act provided for two types of company registration: provisional, [12] and complete. [13] The filing requirements for complete registration were more extensive than those for provisional registration. [12] [13] Given that there was no requirement for companies granted a certificate of provisional registration to submit the remaining information in order to become completely registered, the Act was not hugely successful as many of its provisions applied only to completely registered companies. [14]

The Joint Stock Companies Act 1844 applied only to England and Wales, and Ireland; it did not apply to Scotland. [15]

Companies registered under the Joint Stock Companies Act 1844
YearNumber of companies [11]
Provisionally
registered		Fully
registered
1844119–
18451,52057
1846292112
184721598
184812363
184916568
185015957
185121163
1852414110
1853339124
1854239132
185525381

Limited Liability Act 1855

Prior to the commencement of the Limited Liability Act 1855, shareholders were generally treated similarly to partners in a common law partnership, and had unlimited liability for the debts and obligations of the companies in which they held shares. [16] From 1855, it became possible for shareholders to benefit from limited liability [17] as a matter of routine, [18] [19] provided the companies in which they held shares were registered with the Registrar of Joint Stock Companies under the 1844 Act. [20] The aim of this act was to incentivise the creation of new joint stock companies, while giving investors, the majority of whom did not play an active role in day-to-day management, protection from liabilities incurred by company directors. [18]

Joint Stock Companies Act 1856

The Joint Stock Companies Act 1856 abolished the dual registration system of the 1844 Act; [14] provisional registration ceased to be possible. In exchange for providing shareholders with the benefit of limited liability, companies were required to submit certain information to the Registrar for Joint Stock Companies, including memoranda and articles of association (which had not previously been divided in this way), [14] and annual reports. [16]

The 1856 Act also mandated that there be a Registrar of Companies for each of the UK's three jurisdictions. [21] This system remains today, with a separate Registrar of Companies for England and Wales, Scotland, and Northern Ireland; [22] 'Companies House' is merely a brand adopted by the registrars. [23]

Company registration in Scotland commenced in 1856, with the first company registered being the Daily Bulletin Company Limited, a newspaper publisher. [24] The first Registrar of Joint Stock Companies for Scotland was George Deane, from 1856 to 1858, before he was transferred to the London office of Companies House to be Chief Clerk to the Registrar for England and Wales. The remaining staff were transferred to the office of the Queen's and Lord Treasurer's Remembrancer (Q&LTR), who took on the role of Registrar of Companies for Scotland.

20th century

In 1982 the post of Q&LTR was transferred to the Crown Agent, and the staff and functions relating to company registration in Scotland were transferred to the Department of Trade and Industry on 1 April 1981.

In October 1988, Companies House became an executive agency of the Department of Trade and Industry, and then in October 1991 started to operate as a trading fund, self-financing by retaining income from charges.

21st century

Companies Act 2006

When the Companies Act 2006 was fully implemented on 1 October 2009, the Northern Ireland companies register was fully integrated into Companies House; previously, all limited companies in Northern Ireland were registered with the Department of Enterprise, Trade and Investment.[ citation needed ]

As government departments were reorganised, Companies House came under the Department for Business, Enterprise and Regulatory Reform (2007), the Department for Business, Innovation and Skills (2009), and the Department for Business, Energy and Industrial Strategy (2016). Companies House was a member of the Public Data Group, an advisory board which between 2011 and 2015 sought to improve public access to government data. [25]

Companies House is also responsible for dissolving companies. [26]

In 2020, there were approximately 4.3 million businesses on the Companies House register. [27] In the same year Companies House ceased to operate as a trading fund. [28]

Number of undertakings registered with Companies House
Year endedSize of total
register at year end
31 March 2014 [29] 3,250,300
31 March 2015 [30] 3,464,155
31 March 2016 [31] 3,678,860
31 March 2017 [32] 3,896,755
31 March 2018 [33] 4,033,355
31 March 2019 [34] 4,202,044
31 March 2020 [35] 4,350,913

Response to 2020 pandemic

In view of the coronavirus pandemic, from 25 March 2020 companies were able to apply for a three-month extension to the annual deadline for filing their accounts and reports. [27] The Corporate Insolvency and Governance Act 2020 made this extension automatic for filing deadlines between 27 June 2020 and 5 April 2021; after the latter date, companies could again apply for a three-month extension. [36] There were also temporary extensions to the deadlines for filing confirmation statements and certain event-driven filings. [37]

Economic Crime and Corporate Transparency Act 2023

The Economic Crime and Corporate Transparency Act 2023, receiving royal assent on 26 October 2023 and coming into force on 4 March 2024, signifies a major legislative reform for Companies House. The Act aims to transform Companies House from a mere repository of documents into an entity that proactively supervises company registration procedures and plays a role in preventing economic crimes. [38] Central to the act is the requirement for identity verification of individuals wishing to incorporate a company, including directors, people with significant control (PSCs), and members of Limited Liability Partnerships (LLPs). This measure is set to apply to all new and existing directors and PSCs.

Registrars of Companies

The role of Registrar of Companies is not a political one, and the incumbent is a civil servant.

England and Wales

The Cardiff office Companies House, Cardiff - geograph.org.uk - 1521422.jpg
The Cardiff office

The Registrar of Companies for England and Wales is based at Companies House, Cardiff, [39] and is responsible for the registration of companies in England and Wales. Until 2011 there was another Companies House office in Nantgarw, Wales. The London office of Companies House, located at Petty France, is purely a facility to file and view documents, which are then processed in Cardiff.

The current registrar is Louise Smyth, who also serves as chief executive of Companies House.

Scotland

The Registrar of Companies for Scotland, is based at Companies House, Edinburgh, and is responsible for the registration of companies in Scotland. The current registrar is Lisa Davis. [4]

Northern Ireland

The Registrar of Companies for Northern Ireland is based at Companies House, Belfast, and is responsible for the registration of companies in Northern Ireland. The current registrar is Lynn Cooper.

Undertakings registered

Companies

Companies House acts as registrar for the following types of company:

Other undertakings

Despite its name, Companies House acts not only as registrar for companies, but also for the following undertakings:

Undertakings for which Companies House does not act as registrar

Companies House does not act as registrar for the following undertakings:

Register of Companies

The Register of Companies is the index of every undertaking registered with Companies House. [61]

Names

Uniqueness

Every undertaking registered with Companies House must have a unique name. [23] Whether a name is unique or not is determined by Companies House; certain terms and punctuation, and characters after the first 60, are completely disregarded when assessing the uniqueness of a name, and other characters, although strictly different, are deemed to be the same as each other. [62]

Restrictions

Companies may not have names which if used would constitute a criminal offence, or which are offensive. [63] Approval from the Secretary of State is required if a company wishes to use a name indicating a connection to government, [64] or other so-called 'sensitive' words or phrases. [65]

Indication of status

Generally, undertakings registered with Companies House are required to indicate their legal form in their names:

  • Public limited companies, the names of which must end with 'public limited company' or 'plc', [66] or, in the case of Welsh companies if they so choose, the Welsh language equivalents 'cwmni cyfyngedig cyhoeddus' or 'ccc' [67]
  • Societates Europaeae, the names of which had to include 'SE' [68] (replaced with 'UK Societas' for SEs remaining registered in the UK on 1 January 2021 as a consequence of Brexit) [69]
  • Private limited companies, the names of which ordinarily must end with 'limited' or 'ltd', [70] or, in the case of Welsh companies if they so choose, the Welsh language equivalents 'cyfyngedig' or 'cyf' [71]
  • Community interest companies, the names of which must end with 'community interest company' or 'cic' [72] (or, if it is a public company, 'community interest public limited company' or 'community interest plc'), [73] or, in the case of Welsh companies if they so choose, the Welsh language equivalents 'cwmni buddiant cymunedol' or 'cbc' [74] (or, if it is a public company, 'cwmni buddiant cymunedol cyhoeddus cyfyngedig' or 'cwmni buddiant cymunedol ccc') [75]
  • Limited partnerships, the names of which must end with 'limited partnership' or 'lp', [76] or if the principal place of business is Wales and they so choose, the Welsh language equivalents 'partneriaeth cyfyngedig' or 'pc' [77]
  • Limited liability partnerships, the names of which must end with 'limited liability partnership' or 'llp', [78] or in the case of Welsh limited liability partnerships if they so choose, the Welsh language equivalents 'partneriaeth atebolrwydd cyfyngedig' or 'pac' [79]

Notwithstanding the above, private limited companies need not indicate their legal form in their names if they are charities, [80] exempted by new regulations made by the Secretary of State, [81] or subject to a continuing exemption. [82]

Registered numbers

Every undertaking registered with Companies House is issued with a registered number. [83] Once issued, a registered number remains the same, even if the undertaking changes its name. [23]

Registered numbers consist of eight digits, and in certain circumstances a two letter prefix, including: [84]

Certificates of incorporation or registration

Certificates of incorporation

The Register of Companies contains certificates of incorporation for all undertakings incorporated by registration with Companies House. Incorporation takes place on the issuance of a certificate of incorporation by the registrar. [85] Private limited companies can be issued with a certificate of incorporation within 24 hours of an application being submitted. [86]

Certificates of incorporation for companies include the following information: [87]

  • Registered name
  • Registered number
  • Date of incorporation
  • Whether the company is limited or unlimited, and if limited, whether by shares or guarantee
  • Whether the company is private or public
  • Whether the company's registered office is in England and Wales, Wales, Scotland, or Northern Ireland

Registration of companies is complete once the certificate of incorporation is signed or sealed by the registrar. [88]

Certificates of incorporation for limited liability partnerships include the following information: [89]

  • Registered name
  • Registered number
  • Date of incorporation
  • Whether the limited liability partnership's registered office is in England and Wales, Wales, Scotland, or Northern Ireland

Incorporation of a limited liability partnerships is complete once the certificate of incorporation is signed or sealed by the registrar. [90]

Certificates of registration

Limited partnerships are not issued with certificate of incorporation upon registration with Companies House, but instead with certificates of registration. [91] This is because limited partnerships are not legal persons and therefore are not created by incorporation. [92]

Certificates of registration include the following information: [93]

  • Registered name
  • Registered number
  • Date of registration
  • A statement that the limited partnership is registered as a limited partnership under the Limited Partnerships Act 1907

A limited partnership comes into existence once its certificate of registration has been signed or sealed by the registrar. [94]

Accuracy

Companies House does not verify the accuracy of information filed. [95] The Department for Business, Energy and Industrial Strategy announced in 2020 that Companies House would be given powers to verify the identities of company directors, [96] but did not set a timetable for their introduction. [97]

Other public registers

Since June 2016, private companies can elect to keep certain statutory records on the central register which is held and published by Companies House, instead of maintaining their own registers. [98] These records include: [99]

Controversy

In February 2008, The Times [100] and Computer Weekly [101] broke a story that almost 4,000 of the names on the Companies House register of directors were on international watchlists of alleged fraudsters, money launderers, terror financiers and corrupt officials. The results came from Datanomic who had screened the 6.8 million names on the register against a World-Check database of high risk individuals and businesses. The exercise also revealed more than 1,500 disqualified company directors were being allowed to run other UK companies as Companies House was not checking names against its register of disqualified persons. [100]

In July 2023, the Companies House independent adjudicators' report 2022-2023 was published. This revealed that Companies House had given false information to an MP to try to make themselves look better.

"A letter to the complainant’s Member of Parliament was riddled with wrong information, which showed Companies House in a better light."

See also

Related Research Articles

<span class="mw-page-title-main">Corporation</span> Legal entity incorporated through a legislative or registration process

A corporation is an organization—usually a group of people or a company—authorized by the state to act as a single entity and recognized as such in law for certain purposes. Early incorporated entities were established by charter. Most jurisdictions now allow the creation of new corporations through registration. Corporations come in many different types but are usually divided by the law of the jurisdiction where they are chartered based on two aspects: whether they can issue stock, or whether they are formed to make a profit. Depending on the number of owners, a corporation can be classified as aggregate or sole.

<span class="mw-page-title-main">Public limited company</span> Publicly traded limited liability company

A public limited company is a type of public company under United Kingdom company law, some Commonwealth jurisdictions, and the Republic of Ireland. It is a limited liability company whose shares may be freely sold and traded to the public, with a minimum share capital of £50,000 and usually with the letters PLC after its name. Similar companies in the United States are called publicly traded companies.

<span class="mw-page-title-main">Joint-stock company</span> Business entity owned by shareholders

A joint-stock company (JSC) is a business entity in which shares of the company's stock can be bought and sold by shareholders. Each shareholder owns company stock in proportion, evidenced by their shares. Shareholders are able to transfer their shares to others without any effects to the continued existence of the company.

<span class="mw-page-title-main">Incorporation (business)</span> Legal process to create a new corporation

Incorporation is the formation of a new corporation. The corporation may be a business, a nonprofit organization, sports club, or a local government of a new city or town.

<span class="mw-page-title-main">Limited company</span> Type of business entity

In a limited company, the liability of members or subscribers of the company is limited to what they have invested or guaranteed to the company. Limited companies may be limited by shares or by guarantee. In a company limited by shares, the liability of members is limited to the unpaid value of shares. In a company limited by guarantee, the liability of owners is limited to such amount as the owners may undertake to contribute to the assets of the company, in the event of being wound up. The former may be further divided in public companies and private companies. Who may become a member of a private limited company is restricted by law and by the company's rules. In contrast, anyone may buy shares in a public limited company.

Civil partnership in the United Kingdom is a form of civil union between couples open to both same-sex couples and opposite-sex couples. It was introduced via the Civil Partnership Act 2004 by the Labour government. The Act initially permitted only same-sex couples to form civil partnerships, but the law was expanded to include opposite-sex couples in 2019.

<span class="mw-page-title-main">Limited liability partnership</span> Partnership in which some or all partners have limited liabilities

A limited liability partnership (LLP) is a partnership in which some or all partners have limited liabilities. It therefore can exhibit aspects of both partnerships and corporations. In an LLP, each partner is not responsible or liable for another partner's misconduct or negligence. This distinguishes an LLP from a traditional partnership under the UK Partnership Act 1890, in which each partner has joint liability. In an LLP, some or all partners have a form of limited liability similar to that of the shareholders of a corporation. Depending on the jurisdiction, however, the limited liability may extend only to the negligence or misconduct of the other partners, and the partners may be personally liable for other liabilities of the firm or partners.

<span class="mw-page-title-main">Private limited company</span> Type of company used in many jurisdictions

A private limited company is any type of business entity in "private" ownership used in many jurisdictions, in contrast to a publicly listed company, with some differences from country to country. Examples include the LLC in the United States, private company limited by shares in the United Kingdom, GmbH in Germany and Austria, Besloten vennootschap (BV) in The Netherlands and Belgium, société à responsabilité limitée (SARL) in France, and sociedad de responsabilidad limitada (SRL) in the Spanish-speaking world. The benefit of having a private limited company is that there is limited liability.

<span class="mw-page-title-main">Articles of association</span> Constitution of a corporation

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A registered office is the official address of an incorporated company, association or any other legal entity. Generally it will form part of the public record and is required in most countries where the registered organization or legal entity is incorporated. A registered physical office address is required for incorporated organizations to receive official correspondence and formal notices from government departments, investors, banks, shareholders, and the public.

<span class="mw-page-title-main">Unlimited company</span> Company where shareholders/members have unlimited legal liability

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<span class="mw-page-title-main">Limited Liability Partnerships Act 2000</span> United Kingdom legislation

The Limited Liability Partnerships Act 2000 (c.12) is an Act of the Parliament of the United Kingdom which introduced the concept of the limited liability partnership into English and Scots law. It created an LLP as a body with legal personality separate from its members which is governed under a hybrid system of law partially from company law and partially from partnership law. Unlike normal partnerships the liability of members of an LLP on winding up is limited to the amount of capital they contributed to the LLP.

<span class="mw-page-title-main">Joint Stock Companies Act 1844</span> United Kingdom legislation

The Joint Stock Companies Act 1844 was an act of the Parliament of the United Kingdom that expanded access to the incorporation of joint-stock companies.

<span class="mw-page-title-main">Company formation</span> UK process of incorporation of a business

Company formation is the term for the process of incorporation of a business in the UK. It is also sometimes referred to as company registration. These terms are both also used when incorporating a business in the Republic of Ireland. Under UK company law and most international law, a company or corporation is considered an entity that is separate from the people who own or operate the company.

<span class="mw-page-title-main">Companies Commission of Malaysia</span>

The Companies Commission of Malaysia is a statutory body formed under an Act of Parliament that regulates corporate and business affairs in Malaysia. The SSM was formed in 2002 under the Companies Commission of Malaysia Act 2001, assuming the functions of the Registrar of Companies and Registry of Business.

<span class="mw-page-title-main">Companies Act 1862</span> United Kingdom legislation

The Companies Act 1862 was an Act of the Parliament of the United Kingdom regulating UK company law, whose descendant is the Companies Act 2006.

United Kingdom partnership law concerns the way that partnerships are formed or governed within the United Kingdom. Depending upon where the partnership was formed, English law, Scots law or Northern Irish law may apply in addition to statutes that create a framework across the UK. Under Scots law a partnership is a distinct legal entity and can borrow money from a bank in the name of the partnership, while English law only allows borrowing in the names of individual partners. Partnerships are a form of business association, which arises automatically when people carry on business with a view to a profit. Partners are jointly and severally liable, just as they own the property in common.

<span class="mw-page-title-main">Private company limited by shares</span> Type of business entity

A private company limited by shares is a class of private limited company incorporated under the laws of England and Wales, Hong Kong, Northern Ireland, Scotland, certain Commonwealth jurisdictions, and the Republic of Ireland. It has shareholders with limited liability and its shares may not be offered to the general public, unlike those of a public limited company.

<span class="mw-page-title-main">Charitable incorporated organisation</span>

A charitable incorporated organisation (CIO) is a corporate form of business designed for charitable organisations in England and Wales. A similar form, with minor differences, exists for Scottish charities.

References

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  41. 1 2 3 4 Companies Act 2006, section 9(6)
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  67. ↑ Companies Act 2006, section 58(2)
  68. ↑ Council Regulation (EC) No 2157/2001 of 8 October 2001 on the Statute for a European company (SE), Article 11(1)
  69. ↑ The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (SI 2018 No. 1298), regulation 106
  70. ↑ Companies Act 2006, section 59(1)
  71. ↑ Companies Act 2006, section 59(2)
  72. ↑ Companies (Audit, Investigations and Community Enterprise) Act 2004, section 33(1)
  73. ↑ Companies (Audit, Investigations and Community Enterprise) Act 2004, section 33(3)
  74. ↑ Companies (Audit, Investigations and Community Enterprise) Act 2004, section 33(2)
  75. ↑ Companies (Audit, Investigations and Community Enterprise) Act 2004, section 33(4)
  76. ↑ Limited Partnerships Act 1907, section 8B(2)
  77. ↑ Limited Partnerships Act 1907, section 8B(3)
  78. ↑ Limited Liability Partnerships Act 2000, Schedule Part I, paragraph 2(1)
  79. ↑ Limited Liability Partnerships Act 2000, Schedule Part I, paragraph 2(2)
  80. ↑ Companies Act 2006, section 60(1)(a)
  81. ↑ Companies Act 2006, section 60(1)(b)
  82. ↑ Companies Act 2006, section 60(1)(c)
  83. ↑ Companies Act 2006, section 1066(1)
  84. ↑ "WIT permanent guidance". GOV.UK. HM Revenue and Customs. Archived from the original on 13 July 2018. Retrieved 31 January 2021.
  85. ↑ "Certificate of incorporation". Practical Law. Thomson Reuters. Retrieved 1 February 2021.
  86. ↑ "Register a company in the UK". www.great.gov.uk. Department for International Trade. 31 December 2020. Archived from the original on 9 August 2020. Retrieved 1 February 2021.
  87. ↑ Companies Act 2006, section 15(2)
  88. ↑ Companies Act 2006, sections 15(3)and 15(4)
  89. ↑ Limited Liability Partnerships Act 2000, section 3(1A)
  90. ↑ Limited Liability Partnerships Act 2000, sections 3(3) and 3(4)
  91. ↑ Limited Partnerships Act 1907, section 8C(1)
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  93. ↑ Limited Partnerships Act 1907, section 8C(3)
  94. ↑ Limited Partnerships Act 1907, section 8C(2) and 8C(4)
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  96. ↑ Vincent, Matthew; Beioley, Kate (18 September 2020). "Directors to face ID checks in anti-fraud crackdown". Financial Times. Archived from the original on 20 September 2020. Retrieved 1 February 2021.
  97. ↑ Cross, Michael (18 September 2020). "ID checks on directors in Companies House reforms". Law Gazette. The Law Society. Archived from the original on 26 September 2020. Retrieved 1 February 2021.
  98. ↑ "Small Business, Enterprise and Employment Act 2015". legislation.gov.uk. Part 8 s.94 and Schedule 5. Archived from the original on 9 July 2015. Retrieved 31 January 2021.
  99. ↑ "Guidance: Company registers". GOV.UK. Companies House. 31 December 2020. Archived from the original on 24 July 2019. Retrieved 31 January 2021.
  100. 1 2 O'Neill, Sean. "The Times: 4,000 company directors listed as global terror suspects and fraudsters" (PDF).
  101. ↑ "UK Companies House register contains 3,994 high-risk individuals, Datanomic finds".

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