Companies House Prosecutions
What are Companies House Prosecutions?
Companies House is the official regulatory body for all UK company registrations. Under the Companies Act 2006, Companies House may prosecute company directors for failing to fulfil their statutory obligations. For example, failing to file the company annual accounts on time.
What are the consequences?
Under Section 441 of the Companies Act 2006, ‘the directors of a company must deliver to the registrar for each financial year the accounts and reports’. As it is a criminal offence for the officers of a company to not comply with these requirements, there may be significant consequences.
- A warning notice requesting that you ‘make written representations to the registrar’ within 28 days;
- A financial penalty which depends upon the ‘seriousness of the offence and whether it is the first, second or third offence of the same type’. Financial penalties may vary between £250 for a first-time minor offence, through to £2,000 for a fourth or more serious offence;
- Conviction and a criminal record. The director may also, in particular circumstances, be disqualified from acting as a company director.
What should you do?
It’s important that you do not ignore any communications received in relation to a Companies House offence or prosecution. Responding to any written notice, as well as complying with the requirements as efficiently as possible can be essential from the outset.
Seek legal advice on your position to ensure that you are making the correct decisions and adhering to your legal obligations and any timeframes.
How can Ellis Jones help?
Our expert James Constable in the Crime and Regulatory team has a wealth of experience in dealing Companies House Prosecutions. James specialises in crafting strategic defence strategies, minimising penalties, safeguarding your professional reputation and protecting your rights.
Whether you’re seeking representation, legal advice, or simply want to discuss your situation, we’re here to help.
Please contact us by emailing James.Constable@ellisjones.co.uk or via our online website enquiry form.
About the authors
"The professional service provided by James Constable was exceptional"
Lovetta is a Legal Assistant and works to support our Crime and Banking & Finance departments from our London office.
"I feel as though Lovetta has saved me from a criminal record that would have been detrimental to my future and I am very appreciative of the work she has done for my case!"
How can we help?
When you submit this form an email will be sent to the relevant department who will contact you within 48 hours. If you require urgent advice please call 01202 525333.