Appoint a director. Latest date

Appoint a director. Latest date

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I thought I had appointed a director and shareholder of a company but I have found a copy of all of the details still on the file not submitted. Unfortunatly for tax reasons the client needs to be a director and shareholder so I need it to have happended at the date of signing. If I send the forms to Co House can I retrospectively appoint this director?

Anon

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By neileg
03rd Dec 2007 17:08

It's not a retrospective appointment, just a late filing. There may be penalties and it sounds as if you have a professional liability, but the world won't end because of this!

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Euan's picture
By Euan MacLennan
03rd Dec 2007 17:18

Eh?
If you are the accountant, you do not appoint directors and no-one appoints shareholders - the most you might do is to notify Companies House of the appointment and shareholdings on your client's behalf.

There may well be a deadline for notifying the appointment of a director, but I have never heard of Companies House raising any objection. If you file a 288A on paper or online, Companies House will just process it. You have to state the date of appointment.

You acquire shares either by the original subscription (in which case the client will have been named as a subscriber in the company formation documents) or by share transfer or by allotment. Only in the case of an allotment are you still required to notify Companies House by filing a form 88(2) - if this is the case, just send in the form now. Otherwise, you notify the shareholdings (and directors) on the Annual Return.

Your only problem would be if you have already filed an Annual Return or accounts on which you did not disclose the client as a director or shareholder and are now attempting to backdate his appointment/shareholding to before that date. If so, do not do it.

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