Hi everyone!
Hope you lovely people can help. A client has just noticed (after almost 10 years!) that on the copy Annual Return that we send them every year that one of the directors is listed as co secretary but not a director.
Is it possible to backdate the form detailing the appointment without any penalties arising or would it be better to send in a form with a current date of appointment?
Many thanks
Lugs
Replies (6)
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I think back then if the company was incorproated under the 1985 Companies Act (rather than 2006), then there had to be a company secretary by law. Was it possible this director drew the short straw?
But he could have been both.
Re backdating director appointment does it matter what date is used for anything other than Companies House?
What has been the position re his tax returns/payroll etc, have these been processed as if a director?
Following a variety of weird set ups over the years resulting in conversations with Companies House, I believe you just put the correct details on the next return (sorry confirmation statement) and it is not a penalty issue at all. They tell me they just record the position for others to look so why bother changing the past. People will only look at the latest submission.
Out of interest what did the accounts say?
The date on which he was appointed a director is a matter of historical fact, entirely separate from what may or may not have been reported to Companies House. If you discover that he was appointed at some past date and that this was not previously notified to Companies House, you should notify them now on form AP01. The form is dated now (not backdated), but the actual date of appointment (however long ago) should be entered on the form. No penalty will be charged.