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CS01 signature requirement - legality?

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As a practice we use company secretarial software to electonically file CS01 and any other forms with Companies House. 

Is there a legal requirement for a physical signature on the forms if they are being electronically filed on a clients behalf? 

Companies House web filing assumes that you are the company filing your own information and doesnt require any 'signature' records.  Is confirmation via email of 'yes all good / fine to file' acceptable as being 'signed'?

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By Wanderer
23rd Jul 2019 14:38

Take a look at Companies House. There's millions of CS01s on there without physical signatures.

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Replying to Wanderer:
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By KerryP
23rd Jul 2019 14:55

Dates of birth and signatures are not shown due to GDPR. - however they still exist.

My question is do I have to have an actual signature on my file as record that the client has agreed to the filing of the electronic version and using of their electronic signature??

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Replying to KerryP:
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By Wanderer
23rd Jul 2019 15:03

KerryP wrote:

Dates of birth and signatures are not shown due to GDPR. - however they still exist.

Not on the current version of the CS01 they're not.

(Unless you happen to file a paper CS01 then the signature IS on it AND shown at Companies House).

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By paul.benny
23rd Jul 2019 15:05

How do you generally verify your clients’ instructions?
Do your engagement letters make any mention of accepting (or not) instructions by email?

If you are satisfied that your clients have given proper instructions by whatever means, and if you can evidence it, I would not see a wet signature as essential.

Incidentally, not showing of DoB and signatures by Companies House is for fraud prevention and was in place before GDPR took effect.

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Replying to paul.benny:
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By Wanderer
23rd Jul 2019 15:43

paul.benny wrote:

Incidentally, not showing of DoB and signatures by Companies House is for fraud prevention and was in place before GDPR took effect.

Agreed, and staggering in this post GDPR & fraudulent world that they leave all the old signatures, dates of birth and addresses on there. Feel sure if this was a non governmental organisation then this old information would be subject to the same restrictions that the rest of us now have to work under.
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Caroline
By accountantccole
25th Jul 2019 12:26

Had this conversation with a client this week. They'd had threats of injury (they'd sussed someone was trying to scam them) and the perpetrators knew more about the clients than they would like. We're changing co names etc to try to reduce the risk but the history staying on file does not help them

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By Wanderer
25th Jul 2019 14:29

There's a service whereby Co House will redact addresses.
Problem is the cost. It costs £55 PER DOCUMENT!
very expensive exercise for old companies with plenty of old annual returns and appointment forms etc.

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By LostinSuspense
23rd Jul 2019 16:39

I worked for a company who had a confirmation by e-mail as acceptance that they agreed the accounts. BUT rather than a one word answer, clients were required to formally state in an e-mail that they agreed to the figures and were happy for the accounts to be filed and this was printed off and included in the accounts file.

For me if this was used, I would want it as part of an e-mail chain where client raised any queries they had with the figures, so you could demonstrate that what they agreed to could treasonably be expected to be the ones that you filed as much to cover your own back.

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