anyone had penalties for late Company house filing

anyone had penalties for late Company house filing

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Has anyone on here ever had a company or its directors who had failed to file its PSC's on time? How much were the penalties, and was it Companies House that imposed the penalties? 

I thought that CH were taking a tougher line with non compliance, which apparently could render directors liable to criminal penalties 

https://www.icsa.org.uk/knowledge/governance-and-compliance/indepth/tech...

 

Replies (15)

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RLI
By lionofludesch
14th Oct 2020 18:29

Accounts, yes.

Anything else, no.

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Replying to lionofludesch:
ALISK
By atleastisoundknowledgable...
15th Oct 2020 07:33

Ditto

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By Wanderer
14th Oct 2020 18:39

Only ever once had directors personally prosecuted for non filing, about 30 years ago. Think they got about a £50 fine each. In those days there were no late filing penalties!

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By New To Accountancy
14th Oct 2020 19:41

Yes 2 in total, for accounts. One was for £150 one month late and the other was £350, 3 months late (I could be wrong with the amounts but near enough)

I appealed as there was a reasonable excuse but got nowhere, they simply referred it back to being the Directors responsibility regardless of whether the accountant had a solid reason.

It was a while ago now but from it, I realised, no excuse or reason will ever be sufficient.

Edit : I provided evidence too but not enough. Both Companies House.

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By Wanderer
15th Oct 2020 07:17

New To Accountancy wrote:

Yes 2 in total, for accounts. One was for £150 one month late and the other was £350, 3 months late (I could be wrong with the amounts but near enough)

These will be standard, automatically charged, late filing penalties levied on the company, nothing to do with the OP's question.
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By New To Accountancy
16th Oct 2020 11:26

Hi Wanderer, sorry for late response. I responded too quickly before reading it properly, ill learn from that. Thank you.

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RLI
By lionofludesch
15th Oct 2020 07:33

New To Accountancy wrote:

Yes 2 in total, for accounts. One was for £150 one month late and the other was £350, 3 months late (I could be wrong with the amounts but near enough)

Yes, you are. £375.

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By New To Accountancy
15th Oct 2020 09:54

Thanks Lion

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By frankie3
14th Oct 2020 20:14

I am particularly looking at late filing of Persons with Significant Control (PSC) forms, the legislation talks about directors rendering themselves to criminal penalties, and just wondering if Companies House ever imposed these penalties or not, if not why have the legislation at all, and I would not have though that penalties for late filing of accounts were classed as criminal penalties

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By frankie3
14th Oct 2020 20:14

I am particularly looking at late filing of Persons with Significant Control (PSC) forms, the legislation talks about directors rendering themselves to criminal penalties, and just wondering if Companies House ever imposed these penalties or not, if not why have the legislation at all, and I would not have though that penalties for late filing of accounts were classed as criminal penalties

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Replying to frankie3:
RLI
By lionofludesch
14th Oct 2020 20:26

frankie3 wrote:

I am particularly looking at late filing of Persons with Significant Control (PSC) forms, the legislation talks about directors rendering themselves to criminal penalties, and just wondering if Companies House ever imposed these penalties or not, if not why have the legislation at all, and I would not have though that penalties for late filing of accounts were classed as criminal penalties

Criminal penalties would need a prosecution. Which is why it rarely happens.

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By frankie3
14th Oct 2020 21:38

a toothless law in other words

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RLI
By lionofludesch
15th Oct 2020 07:10

Civil penalties would ensure better compliance.

Kerching!

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By Peter Anderson
15th Oct 2020 17:39

We had a client which CH contacted us as it stated no PSCs but CH had (correctly) identified that they did have them. They gave the company 14 days to correct, which they did. So it seems that CH may be taking more of an interest in PSCs.

But on penalties, no I've never seen any actually issued.

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Replying to Peter Anderson:
RLI
By lionofludesch
15th Oct 2020 17:51

Peter Anderson wrote:

But on penalties, no I've never seen any actually issued.

You won't. There's no provision to issue any.

All they can do is prosecute the directors. Which is more trouble than it's worth.

They should've introduced civil penalties for Annual Returns (as they then were) when they introduced them for accounts. It would've been a real money-spinner.

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