Share Transfer not filed at companies house

Share Transfer not filed at companies house

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Morning

New client, and during my MLR my checks looking at the owners, the client told me, that there were 6 shareholders and names.

So, I check at companies house and there are only 4 registered there.

I go back to them, and they don't know "the accountant was sorting it"....

They did show me the J30 share transfer forms, completed and signed ok.

So, I can just file the adjustments next annual return....

BUT, this happened 2 years ago, when the company was new and had minimal or no value. 

The forms J30 look completely genuine to me, and they don't strike me as knowing enough about the system to fiddle it. They just assumed the accountants had done the companies house side.

So the last Annual Returns also don't show the correct shareholders.

Ok, so, my question is please, can I file the next annual return with the correct data on it but with the date the real date (being 3 years ago).? Or would that get rejected? Would they get in trouble for not filing the data for 2 years?

Are the J30's and Director meeting minutes enough as evidence of this?

It's an admin / filing error, but even though, could there be trouble?

Many thanks

Replies (13)

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By WhichTyler
07th Apr 2016 13:20

Don't get fooled again...

Why not ask them to get their own records in order? Ge them to write to CH with the correct information and pick thinngs up from there. You didn't make the mistake, so don't take responsibility for correcting it...

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By carnmores
07th Apr 2016 13:21

love your handle
Is it an old style company with authorised share cap or recent with only issued shares , what do the articles say, were the shares paid for or just credited in the books

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By carnmores
07th Apr 2016 13:24

you should file the next AR
With the correct info i disagree with first commentator they will probably get it wrong best you do it your the professional that's what professionals do

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RLI
By lionofludesch
07th Apr 2016 13:34

Agree with Carnmores

Yes - get some form of written confirmation of the share capital and file it properly.

I'd probably file an Annual Return immediately whether it's due or not.  £13 of someone else's money well spent, in my view.

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By RMorrison
07th Apr 2016 13:41

Correcting annual returns

If this company will be sold in the future then the purchasers' solicitors will do their due diligence and want the i's dotted and t's crossed.

Amongst other things, this will probably involve having to file correcting annual returns for the year(s) that didn't show the correct shareholders. Your client might want to consider correcting their filing history now and not wait until the eve of a sale when everything could come to a grinding halt. 

 

 

 

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By Whinger
07th Apr 2016 14:02

excellent thank you all.
 

excellent thank you all.

 

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By Whinger
07th Apr 2016 14:04

would they get fined for filing data 2 years late? (the original returns were wrong, but they were filed on time.) ?

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By RMorrison
07th Apr 2016 14:07

No fines

No, they wouldn't be. They are just correcting mistakes.

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By carnmores
07th Apr 2016 14:17

you dont refile where there has been an error
You simply file an updated correct one as LIONOFLUDESCH stated

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By Whinger
07th Apr 2016 14:41

great thank you so much

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By Cloudcounter
07th Apr 2016 15:42

Refiling

Agree that you can't filed amended ARs.  Where there has been a mistake we now file a correct AR dated one day after the made up date of the last return.  That will then show on the Companies House front page for the company as the latest return

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Replying to I'msorryIhaven'taclue:
AS
By AS
07th Apr 2016 15:54

File amended Annual Returns

Cloudcounter wrote:

Agree that you can't filed amended ARs.  Where there has been a mistake we now file a correct AR dated one day after the made up date of the last return.  That will then show on the Companies House front page for the company as the latest return

You can file amended returns. They need to be filed on paper together with a form RP04.

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By johngroganjga
07th Apr 2016 16:14

This is a good example of what happens much more often these days than used to be the case because the annual return now comes pre-populated with last year's information as the default and it is too easy to click "confirm" on each screen without thinking whether any changes need to be reflected.

I am not sure what the solution is. Yes it did not happen in the good old days when one took out a blank form and filled in all the details afresh in manuscript each year, but I am not suggesting we go back to that.  

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