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Companies Act 2006 – Final Implementation on 1st October 2009
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The Companies Act 2006 is changing the law for companies. These changes affect every company operating in the United Kingdom. Passed in 2006, the Act reached the final stage of implementation on 1st October 2009. View all Changes>>>

**Latest Update**

LATEST:

24/08/2010
We have been advised lines should be back on by 4pm today, sorry for any inconvenience caused, please note we have no access to our email directly thus it is taking a longtime to get through them.

23/08/2010
We are experiencing technical problems with our telephone lines, we are doing everything possible to resume service, in the interim please continue to send any enquiries or queries you may have via email (
services@foersterformations.co.uk) and we will our very best to get back to you as quickly as possible. Thank you for your considerable patients.

16/08/2010 - Update
We have been working with Companies House to rectify the polling issues that have been problematic for some weeks.
We are pleased to tell you that the new incorporations are running normally.
We still have some issues with older incorporations but Companies House will hopefully have them corrected in the very near future.

04/08/2010 - Companies House continue to experience major technical problems, which centres on the inability to forward Incorporation Certificates, please note your Company Registrations continue to complete on time though they cannot presently forward the company incorporation certificate. The problem is not unique to Foersters most Formation Agents are being affected. Should you have any urgent queries please contact Companies House filing team direct on : 02920 380 929, please only call this number for urgent queries as they are inundated with calls.

03/08/2010 - From Monday 2nd August 2010

Unfortunately we are still experiencing problems with polling response from Companies House.
Many of the companies currently in 'Pending' have been formed and the details can be viewed on the Companies House Webcheck service.
We are working with Companies House to resolve this situation as quickly as possible and will post an update as soon as we can.

02/08/2010 - temp webpage for 0844 account chamges - http://www.switchboardfree.co.uk/?rid=9559

02/08/2010 - Companies House still have minor problems with their system which is causing delays to registrations and/or return of documents,

30/07/2010 - http://www.0844businesscall.co.uk Sorry for the inconvenience but our site was experiencing technical problems these have now been resolved but it could take 2 to 4 hours before the site is live again, please keep trying.

29/07/2010 - No change to below, though quantity outstanding is now vastly reduced.

28/07/2010 - Further to my previous mail I am sorry to report that some further issues have been brought to our attention.
The first issue is that some customers are receiving incorporation certificates that are either incomplete or incorrect. We are also aware that customers are experiencing problems when polling for document response messages. Both of these issues are being worked on as matters of the utmost urgency.
Work is continuing on the 1300 submissions mentioned in my last mail and I will update you of our progress on these issues when I have some further news.

22/06/2010 - Our phone lines will be closed on 23/06/2010 from 2.45pm and re-open at 9am 24/06.

04/06/2010 - 3.00am All systems now up and running, sorry probably not enough time to get your Companies back to you, we close in 30 mins, please go to Companies House website to check whether your Company is now incorporated:

http://wck2.companieshouse.gov.uk/4a3f6f72b8c7c19ab85e1c6ccb91a5fd/wcframe?name=accessCompanyInfo.

04/06/2010 - 2.00am no chage at CH they advise try again at 3.00.

04/06/2010 - 12.30am no chage at CH they advise try again at 2.00.

04/06/2010 - 9.00am no chage at CH they advise try again at 12.30.

03/06/2010 - 2.40 no chage at CH they advise try again at 4.30.

03/06/2010 - Incorporation software still not working CH advise should be working by 2pm.

02/06/2010 - There are issues at Companies House with their software, they advise should be up again before end of work today

23/02/10 - No chage at Companies House, still running very slow, some registration on hold for more than 24 hours.

23/02/10 - Companies House has been running slow for 2 days, there is a problem with the incorporation software.

06/11/09 - Almost back to normal now, apart from a few errors Companies Act 2006 is almost perfect, incorporations are coming through the same day (if details received before 12 noon).

I believe this will be our last posting on the new Act. Thank you for your patience and cooperation it has been a long road we we have finally got there.

30/10 - Things are finally starting to move more quickly at Companies House, they still have some teething problems but we can now relax a little in the knowledge incorporations will be completed within 48 hours.

23/10 - Please all accept my apologies fro the dreadful delays you are experiencing in receiving your Company details, Companies House are clearly feeling the strains as we all are with the mounting pressures being received from clients wanting their Company details, below is CH lastest solution to the present crisis. We are now hopeful that most of our older clients (those who have waited 1 week + that there Company details should be available later today or Monday / Tuesday next week. Once again please accept my apologies for any inconvenience caused to you and your colleagues and indeed your own customers.

Unfortunately we cannot see how asking clients to contact CH direct will help in any way whatsoever.

Dear Customers,

We are aware that many of you are having issues with clients contacting Companies House to check on individual submissions, when they are experiencing problems that need our investigation.

In light of the volume of calls that both yourselves and Companies House are receiving at the moment, we would like to offer a solution that will improve the process of dealing with the enquiries and speed up the logging and resolution of the issues.

We have therefore, from Monday 26th October, set up an email procedure and we would be grateful if appropriate, you would advise your clients that they should log their specific queries with Companies House as follows:

XML Software Filing Query

The message must include the following information:

Presenter id

Submission/envelope Number

email address provided in submission

Any reject code/message received.

Date submitted

also contact details including telephone number.

Whenever possible customers should also attach the XML Data submitted and any responses returned.

Our teams have been informed that this procedure has been put in place and will refer clients to this route for logging calls should they call.

Please note that any calls you have forwarded to the Care team or EF Filing Teams already, have been logged and are being investigated. We do hope that this email logging procedure will help avoid unnecessary calls going forward and anticipate this will result in a speedier resolution of issues.

We are of course on hand to deal with our Software Package Provider issues as normal and with queries that you would normally discuss with your Care Manager or myself.

Many Thanks and Kind Regards,

Marie

Marie Connors
Customer Liaison Manager

16/10 - Companies House are finally starting to get their act together and push incorporation through, hopefully by Monday there should be some sort of normality within this industry. Companies House posted a note on their website advising other than a few delays they are please with the smooth implementation to date, we would challenge them to ask any formation agent if that has been the case.

They sent the following email yesterday :- Dear Customers,

Firstly, my sincere apologies for the update being provided so late in the day.

As I hope you are aware, we are continuing to target the processing of electronic incorporations and have cleared over 3000 again today and anticipate that we should accomplish similar levels again tomorrow.

I know that there are some outstanding submissions that have been caught up in the system since the new Act was implemented, for which we apologise. Thank you to customers who have provided details of these, our technical teams are working through the submissions to release them as quickly possible. A further update on our progress will be given tomorrow

Please accept our sincere apologies for the delays and inconvenience that you and your clients have been experiencing.

Kind Regards

Marie Connors
Customer Liaison Manager

09/10 - Since this finale stage was completed there have been many teething problems especially with electronic incorporation, todate (9th October), Companies House have a backlog of some 6,000 incorporation and will probably not reduce this backlog until Tuesday or Wednesday next week. This shouldn't stop you from requesting an incorporation, we can have all the cogs in place waiting to complete. Hopefully by the end of next week this scenario should be a thing of the past.

What are the key changes for October?

This is the main implementation of the Companies Act 2006, with a number of changes for companies. A list of all the changes can be viewed here. However, we have listed the main changes below with a small explanatory paragraph beneath each:

Directors’ addresses protected from disclosure
Alternative address for registers
Easier to set up a company
Notifying us of articles changes
UK wide company registry
Guidance
Forms
Fees
Dealing with us online
Protecting your company from hijack
Important tips for companies to make the transition to the new Act a smooth one

Directors’ addresses protected from disclosure

Every director will have a service address and a usual residential address. The service address for each directorship will be publicly available. The residential address will only be made available to public authorities and credit reference agencies. On 1st October a director’s current residential address will automatically become the service address. More details on directors’ addresses

Alternative address for registers

There will be changes to the arrangements for inspecting a company’s registers. These registers may be held at the registered office address or at a single alternative inspection location (SAIL). You must notify us if you set up a SAIL address or if the SAIL address is moved, and you may only have one SAIL address for a company at a time. Once the SAIL address is set up, you can move some or all registers to the SAIL address by notifying us. The simplest way to register this address will be via our WebFiling service.

Easier to set up a company

A number of changes have been made to make it easier to set up a company. There are also changes to company articles for new companies. They will include the company’s objects, liabilities and assets – all of which were previously in the memorandum. Copies of model articles

Notifying us of articles changes

You must send any amendments to the company’s articles to us within 15 days. If you do not comply with this requirement you will commit an offence and could be liable to a civil penalty of £200. This is in addition to any liability to criminal proceedings.

UK wide company registry

Northern Ireland company registry is integrating with Companies House. Further details on the integration.

Guidance

Companies House has produced guidance notes which explain the changes and give step-by-step instructions on how to form a company, what you need to send us during the life of a company and how to dissolve a company.  

Forms

All Companies House forms will change from 1st October 2009.
The new forms include:

  • Companies Act 2006 information requirements
  • new numbers
  • additional guidance notes
  • details of any fee (if applicable)

The new forms must be used for all company events that take place on or after 1st October 2009. If you use an old form it will be rejected.

Company events which take place before 1st October must be submitted on 1985 Act forms. Specimen forms will be available here from July.

View full list of forms 

Fees

To cover the cost of running the register, Companies House charges fees for the filing of certain forms such as the annual return, change of name, mortgage and voluntary dissolution. Please remember to send the fee in with a paper form otherwise we will be unable to accept it. Full Price List.

Dealing with us online

Remember most information can now be filed electronically using WebFiling or a suitably enabled software package. This saves you time in providing information and gives you step-by-step help to prevent any errors or the irritation of having forms rejected. It can be cheaper too for some fee bearing forms.

Access our WebFiling service

Protecting your company from hijack

From 1st October, the Registrar’s Protected Online Filing (PROOF) scheme will operate under the framework of the Act (section 1070).

PROOF customers are protected from unauthorised changes to their company details. They agree with the Registrar that they will only file certain documents electronically. If a fraudster tries to ‘hijack’ their company by filing a piece of paper, this will be rejected. The Registrar urges all companies to sign up to PROOF. It can now easily be done via the WebFiling service using the company’s authentication code (you no longer need the written consent of each director).

Important tips for companies to make the transition to the new Act a smooth one:

  • Make sure that you are ready to file electronically in October.  If you use WebFiling, this will be easy – the menu screens will guide you through what you have to do. 
  • Get your company signed up for Protected Online Filing (PROOF).
  • Watch out for the new rules in the Act on inconsistent filings.  Keep your company’s record up to date and consistent with what we already have on the public record.  Tell us about changes when they happen – don’t wait for the Annual Return. 
  • File on time to avoid a penalty.  You have one month less to file your accounts.  If your company normally files its accounts on 31 January, remember that the deadline this year will be 31 December – nine months after the end of the year as opposed to ten.
  • You must send any amendments to the company’s articles to us within 15 days. Otherwise you could be liable to a criminal offence and a civil penalty of £200.
  • Keep up to date with information on the Companies Act 2006 by checking our website regularly or signing up to our Companies Act RSS feed




 

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