Withdrawing documents from Companies House

Removal of original document from Companies House and refiling time limit

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If a set of accounts are removed from Companies House, does the replacement have to be filed within the original filing time limits. 

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John Toon
By John Toon
18th Apr 2024 14:29

I believe that's the case, although when you say removed, do you mean by court order or other means as I suspect in the case of a court order the time taken to get one may push you beyond normal filing timescales

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Replying to johnt27:
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By CW2012
18th Apr 2024 14:41

I was planning on using this approach, specifically the bottom line reason, a new client had filed their own accounts and upon review they contain errors.

The registrar’s approach to the removal of information is changing.

We’ll remove information where the registrar is satisfied that:

information in a document is false
a document has been sent without the company’s knowledge or authorisation
a document records a transaction that never occurred

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Replying to CW2012:
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By Bobbo
18th Apr 2024 15:34

Does that bottom line reason not more relate to transaction-specific filings such as allotments of shares. purchases of own shares etc?

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Replying to Bobbo:
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By JB101
18th Apr 2024 15:37

I think it does - you may need to file Amended Accounts (and leave the incorrect ones on public record).

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Replying to CW2012:
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By JB101
18th Apr 2024 15:42

Co House are not good at removing /correcting things. Recenly, one of my clinets formed a company and put his first and middle names the worng way round on the form. He couldn't opne up a bank account because he kept failing their money laundering rules. He phone Co House to ask for help and was told how to fill in a form showing a change of name - spoke to the bank and they said that they thought this was fraud as he never went by the old name. He spke again to Co House who talked himt hrough retificationg uisng the relevant Registrar Powers forms. He sent them in but they rejected forms and told him to use the change of name forms.
He gave up and formed a new company with the correct details and is letting the other company be struck off!

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By Roland195
18th Apr 2024 15:41

Why are you requesting that the original filing be removed rather than filing amending accounts yourself?

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Replying to Roland195:
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By CW2012
18th Apr 2024 16:00

Yes I am intending to remove the original accounts and file a new set, if the original deadline applies they will need filing by the end of April.

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Replying to CW2012:
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By Roland195
18th Apr 2024 16:02

But why are you bothering to try to have the original filing removed, if this is even possible?

A filing for the year has been accepted so you can file the amending accounts at any point now with no penalty.

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Replying to Roland195:
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By CW2012
18th Apr 2024 16:17

Because the original accounts are wrong and they contain a full P&L account,

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Replying to CW2012:
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By Roland195
18th Apr 2024 16:25

I'm not certain that the Registrar will remove this filing in any case and still struggling to see why you feel it needs to be removed?

If you file Amended accounts then what does the client's attempt matter?

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Replying to Roland195:
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By CW2012
18th Apr 2024 16:49

The clients accounts are wrong and disclose two full years trading activity, Gross Profit, Nat profit, Tax , Dividends, the whole lot.

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Replying to CW2012:
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By Bobbo
18th Apr 2024 17:29

CW2012 wrote:

The clients accounts are wrong and disclose two full years trading activity, Gross Profit, Nat profit, Tax , Dividends, the whole lot.

Still unsure if these qualify to be removed. Containing a full P&L account doesn't make the accounts wrong. (By "full P&L account" do you mean an Income Statement, or the full detailed Profit and Loss at the back??)

I think the only question is : were these accounts that were approved by the directors?

If yes, then the approved accounts were filed and it is correct they sit on public record.
If no, and you are saying a director or somebody else filed a set of accounts for the company that the directors had not approved then you might have a case.

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Replying to Bobbo:
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By CW2012
18th Apr 2024 17:35

Companies House state that the accounts can be removed if

"a document records a transaction that never occurred"

Looking through the accounts there are a number of transactions that never occurred,

They contain a half detailed P&L statement but no not the back pages.

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Replying to CW2012:
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By Roland195
18th Apr 2024 19:17

I also believe the reference to transactions that never happened refers to specific issues with shares etc, not simply that the accounts are in error which the method of correction is to file amended accounts.

I still don't know understand why this matters if you intend on filing the amendments anyway - the detailed info will be superceded by this in any event surely?

Apparently all the accounts filings will look like this soon enough...

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Replying to CW2012:
John Toon
By John Toon
18th Apr 2024 17:36

CW2012 wrote:

Because the original accounts are wrong and they contain a full P&L account,


Are they wrong AND contain a detailed P&L (ie management info) or do they just contain a detailed P&L. If it's the latter I've been there before and you can get the detailed P&L removed and the rest of the accounts will stay on the record. CoHo won't (normally) remove the stat P&L though, as that forms part of the accounts and if someone chooses to file this, irrespective of any exemptions taken, it's statutory so you'll have a job on your hands....
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Replying to johnt27:
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By CW2012
19th Apr 2024 09:10

Yes they are wrong, one item that comes to mind is that the fixed asset note states assets transferred, none were transferred. They don't contain a detailed P&L account but contain enough of one to be a problem.

What I don't know is whether you need to file the replacement set (not amended) within the time period for filing of the original set, do they need to go in on paper, can you file the replacement set before the original is removed.

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Replying to CW2012:
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By Roland195
19th Apr 2024 10:03

Have you received any sort of indication from the Registrar that they will remove the filing? If so, then I would suppose the usual deadlines apply as effectively the original accounts filing never happened (as opposed to filing an amendment) however I still doubt this will happen in the circumstances you describe - the remedy for accounts simply being wrong is to file an amendment.

Why you want to take this course of action is still beyond me though.

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