ong>Companiesong> ong>Houseong> ong>clampong>
ong>downong> on incorrect filings
Earlier this year, ong>Companiesong> ong>Houseong> brought its first conviction
against an individual for making false filings on the public register.
In 2013, Kevin Brewer informed ong>Companiesong> ong>Houseong> that the
Business Secretary, Vince Cable MP, was the shareholder and
director of John Vincent Cable Services Ltd (a company he
had incorporated) without Mr Cable’s knowledge. In
2016, again without their knowledge, he registered James
Cleverly MP and Baroness Neville-Rolfe (the Minister with
responsibility for ong>Companiesong> ong>Houseong>) as directors and
shareholders of Cleverly Clogs Ltd. Brewer’s reasoning for
this was to highlight what he perceived to be flaws in the
ong>Companiesong> ong>Houseong> incorporation procedure.
In this issue
Your obligations in company law
Brewer pleaded guilty to filing false information at
ong>Companiesong> ong>Houseong> in March ong>2018ong> and was ordered to pay
£1,602 in fines and over £10,400 in legal costs.
ong>Companiesong> ong>Houseong> filings act as a vital tool of legal and
financial information and provide a public forum for anyone
to scrutinise a business. However, the information on the
public register is only as good as what ong>Companiesong> ong>Houseong>
receives, which can lead to erroneous filings. Grant Usher
explains the benefits of ensuring your business gets its filings
right and the consequences of getting them wrong.
Why should I ensure the filings at
ong>Companiesong> ong>Houseong> are correct?
Correct filings demonstrate good corporate governance
on behalf of the company and shows that the business is
on top of its affairs more generally.
In the event of a company sale, the publically accessible
information on ong>Companiesong> ong>Houseong> will form an important
part of the due diligence process. Typically, a buyer will
ask the seller to warrant the accuracy of the information
submitted to ong>Companiesong> ong>Houseong>.
There are additional benefits when companies sign up
for the ong>Companiesong> ong>Houseong> Web Filing system. Web Filing
offers a faster, more efficient and in some cases, cheaper
way of submitting ong>Companiesong> ong>Houseong> filings online.
Submissions can be made in a few clicks which reduces
the risk of late filings which could then lead to ong>Companiesong>
ong>Companiesong> ong>Houseong> deals with around 50 to 100 cases of
corporate identity theft every month. To minimise this risk,
there is also an option to sign up to PROOF, a free service
which means filings can only be made electronically via
What happens if a filing at
ong>Companiesong> ong>Houseong> is incorrect?
You may be able to submit a form RP04 in order to correct
factual errors but the original filing will still remain on the
public register. Note that form RP04 cannot be used for all
You could apply to court for an order for the incorrect
filing to be removed from the public register. The court
will consider if the filing is factually inaccurate, was made
without the authority of the company, or has been forged.
Whilst errors can sometimes be innocent mistakes,
occasionally those filings can result in penalties being
issued by ong>Companiesong> ong>Houseong> and, in extreme cases,
criminal prosecution. The ong>Companiesong> Act 2006 makes
it a criminal offence for a person to ‘knowingly or
recklessly deliver’ a document that is ‘misleading, false or
deceptive’. The maximum sentence is up to two years in
prison, a fine, or both.
How can Verisona Law
help me and my business?
At Verisona Law, we
can assist with your
• Providing general company secretarial
assistance, including preparing and filing your
business’ annual confirmation statement
(previously annual return)
• Preparing, and keeping up-to-date, your
business’ public register at ong>Companiesong> ong>Houseong>
including share transfers and appointment/
resignation of directors
• Preparing, filing and keeping up-to-date your
PSC registers at ong>Companiesong> ong>Houseong>, saving your
business time, money and resource
• Providing training to company secretaries
and directors with regards to all company
If you would like further information
about company secretarial requirements,
Grant Usher, Associate Solicitor,
on 023 9231 2058 or by email to
ong>Connectong> with us
Portsmouth PO6 3EN
202 London Road
Waterlooville PO7 7AN
Authorised and regulated by the Solicitors Regulation Authority | SRA No 494891 | Registered in England No 6669970.
Verisona Law is a trading style of Verisona Ltd whose registered office is at 1000 Lakeside, North Harbour, Portsmouth, Hampshire PO6 3EN.