Companies House - OMG

Companies House - OMG

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A polite notification telling Companies House that their accounts were late and would be completed by the end of the month (they were 17 days late at the time) got the following reply

"Thank you for your email of 17/12/15 concerning the overdue accounts for the period ending 28/02/15.

As the company is required to remain on the register, the proposed strike off action has been discontinued.  Failure to file accounts within the statutory time allowed is a criminal offence and due to the company’s persistent late filing, we are commencing prosecution action against the directors immediately.

A letter will be sent to all directors today outlining our intention to instruct the Prosecuting Solicitor to institute criminal proceedings within 14 days unless the overdue documents are received in an acceptable format at Companies House. Conviction of this offence will result in a criminal record and a potential unlimited fine for each document not delivered on time.

As these accounts are already late, a civil late filing penalty will automatically be incurred when they are received and accepted at Companies House.  The amount of the penalty increases with the length of delay in delivery and is separate to any criminal proceeding being considered against the directors.  Failure to comply with the filing requirements of the 2006 Companies Act in consecutive years will result in the penalty being doubled for the current year’s accounts.

You may be able to deliver certain types of accounts online via our Web Filing service, which has in-built checks to ensure that you get it right first time. Our web-site  www.companieshouse.gov.uk gives information on this along with a full range of guidance booklets and forms."

This is the first year the accounts have been late.

Replies (15)

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By bernard michael
18th Dec 2015 15:42

 "due to the company’s

 "due to the company’s persistent late filing"  That's why your being prosecuted not due to a one off 

Other companies manage to file on time so why should your company be allowed to contravene the law on multiple occasions without penalty.

No doubt the accounts will now be filed rather rapidly !!

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Replying to tom123:
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By Jo Nokes
18th Dec 2015 15:57

BUT

the OP said it was the first time the accounts have been filed late

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Replying to Arthur Putey:
RLI
By lionofludesch
18th Dec 2015 16:05

As Jo said .....

Jo Nokes wrote:

the OP said it was the first time the accounts have been filed late

Standard letter ?  Lazy bloke sending it out after early Xmas drinks ?

Got it wrong ?   Government not always right ?  In fact, often aren't ?

We're just guessing, to be fair.

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Replying to DJKL:
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By bernard michael
18th Dec 2015 16:10

cALRIFICATION NEEDED

lionofludesch wrote:

Jo Nokes wrote:

the OP said it was the first time the accounts have been filed late

Standard letter ?  Lazy bloke sending it out after early Xmas drinks ?

Got it wrong ?   Government not always right ?  In fact, often aren't ?

We're just guessing, to be fair.

 

Would the OP care to comment. Are Cos House wrong or was the OP incorrect?

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RLI
By lionofludesch
18th Dec 2015 15:47

Heavy Handed

I've always thought CoHo to be a little over the top when you breach the rules by some petty amount.

Which would be fine if the actually read the accounts and penalised people who file cach on time.

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Replying to Wanderer:
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By bernard michael
18th Dec 2015 15:57

I disagree

lionofludesch wrote:

I've always thought CoHo to be a little over the top when you breach the rules by some petty amount.

Which would be fine if the actually read the accounts and penalised people who file cach on time.

 

What is the point having the rules if certain directors persistently break them by being late as in the OP's case

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Replying to happystone:
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By bernard michael
18th Dec 2015 16:04

Weird differences

bernard michael wrote:

lionofludesch wrote:

I've always thought CoHo to be a little over the top when you breach the rules by some petty amount.

Which would be fine if the actually read the accounts and penalised people who file cach on time.

 

What is the point having the rules if certain directors persistently break them by being late as in the OP's case

 

So why did Cos house say the directors were pesistently late

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By Wanderer
18th Dec 2015 16:08

Mistake that was made

was writing to them. Better just to have filed the accounts, albeit late.

By writing to them the head has been raised above the parapet & Companies House are taking aim.

If they had just been filed late then likely that just the penalty would have been incurred with no mention of prosecution.

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RLI
By lionofludesch
18th Dec 2015 16:10

Or not shortening the accounting period.

Or applying for an extension.

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By bduncan
18th Dec 2015 16:21

Clarification

It is the fourth year of accounts and they have always previously been filed on time. CH are wrong with the "persistent late filing" But it appears they have started something which is going to be difficult to stop.

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By bernard michael
18th Dec 2015 16:24

When they issue proceedings make sure that the client is adequately defended . It's not a job for an accountant as this is criminal law

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By pawncob
18th Dec 2015 16:42

Check

Have you checked the Reg. number? The CH employee may be confused.

How much is the penalty? They increase as failures multiply.

Does  any of it comply with:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/fil...

 

BUT REMEMBER, THIS IS JUST A THREAT AT THIS STAGE.

 

 

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By Wycher
18th Dec 2015 16:53

I have had this with a client which was looking at liquidation. I spoke to CH who basically said that papers would be prepared and sent to legal department on date specified, however there would be at least a two week delay in any further action being taken,during which if the Liquidation forms or the accounts were submitted the action would be stopped.

Best bet is to ring and speak with them, always found them approachable and sensible.

 

 

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By Wanderer
18th Dec 2015 16:56

Penalty is not really the issue now.

Not much can be done as company is already late.

The issue is to stop the criminal prosecution.

OP I would suggest that your best course of action would be to concentrate on getting the late accounts filed. The penalty will stand but the prosecution will probably go away if this is done fairly soon. 

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By tonycourt
18th Dec 2015 17:02

It's clearly crap


I've seen a few similar letters where it's a first time offence, silly overkill. The OP says it's the first offence, thus I conclude the person who issued the letter:

has picked the wrong standard letteris having a bad day at the officehas a pole stuck up their [***].

If you've filed the offending accounts (and CH have confirmed receipt) then, contrary to BM's suggestion, you can forget it. I'll wager my kids' pocket money on it.

EDIT - the company will of course be hit with a fine for late filing - so unless it can show just cause it'll be stuck with a penalty.

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