Bentleys Chartered Accountants are advising that the new Department of Business, Innovation and Skills (BIS) has written to all companies registered in the UK, reminding them of the changes came into place on 1 October 2009 under the 2006 Companies Act.

Some of the key changes highlighted are:
• Every director of a company will have a service address and a usual residential address, with only the service address being publicly available. The residential address will be available to public authorities and credit reference agencies. From 1 October 2009, the director’s residential address will automatically become the service address, but the director will be able to change this on the Companies House website if they wish.
• From 1 October 2009, a company’s registers may be held at the registered office of that company or a Single Alternative Inspection Location (SAIL). Anyone who sets up a SAIL address, or changes an existing address must inform Companies House.
• A number of changes have been made with the intention of making it easier to set up a new company. Full details are on the Companies House website.
• There will be changes to company articles for new companies, including the company’s objects and liabilities. Copies of model articles are available on the Companies House website.
• Amendments to a Company’s articles must be submitted to Companies House within 15 days. Failure to do so carried a fine of £200.

Says John Shaw, partner at Bentleys “All Companies House forms will change from 1 October 2009, and the new versions must be used for all company events that take place on or after that date. Old forms used after that date will be rejected. However, company events that take place before that date must be reported on the ‘old’ 1985 Act forms.

“From 1 October, the Registrar’s PROtected Online Filing (PROOF) scheme, designed to combat corporate identity fraud, will operate under the framework of the Act. Companies not already registered with PROOF are urged to sign up, while existing PROOF companies will be required to re-sign to accept the new statutory terms and conditions”.

Companies House has produced a series of guidance notes which explain the changes and give step-by-step instructions on how to form a company, what to do during the life of a company, and how to dissolve a company. The notes are available from the Companies House website, and are also available in large print and audio formats, and in Welsh, on request.

The agency has also highlighted some changes brought in under the act which are already in place:
• A person must now be aged 16 or over to be appointed as a director.
• Private companies no longer need to appoint a company secretary or hold an annual general meeting, but can choose to do so. Private companies also do not need to have a unanimous vote for resolutions, subject to articles, as members may agree in writing, and nor is it necessary to get a court order to make capital reductions as a private company – they can be supported by a solvency statement instead.
• From 1 February this year, all Companies House accounts filing deadlines were reduced by one month, for accounting periods beginning on or after 6 April 2008 and penalties substantially increased. Late filing of accounts can bring a penalty of up to £1,500 for a private company/

For more information please see the Companies House website at www.companieshouse.gov.uk, or contact John Shaw on 01204 388675.
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