In light of the current COVID-19 pandemic, Companies House have announced that from 7 April 2020 onwards, they will accept filing of statutory insolvency documents via email (to be sent in PDF format only). This is simply a temporary solution in response to the current crisis and Companies House have indicated that they are currently in the process of developing a more sophisticated system where individuals and organisations are able to upload documents. The Companies House forms can be found here.
Relevant Email Addresses
Requirements for Filing via Electronic Mail
The requirements stipulated by Companies House for filing statutory insolvency documents via electronic mail are as follows:
- Enter the company name and number in the email subject line.
- Any discrepancy between the company name and number in the email, and the name and number entered in the PDF attachment, may result in the document(s) being returned to the sender for clarification.
- Digital signatures may be used on the forms if preferred.
- Only attach a document or a package of documents for one company to each email.
- Only use this service for filings required under the Insolvency Act 1986 with the exception of certain Companies Act filings which may be submitted as part of a package of documents; for example, a form AD01 notifying of a change of registered office address.
- If you have already sent documents to Companies House and these are being dealt with, there is no requirement to resubmit via email.
Emergency Filing Service
In order to avoid the need to deal with hard copy forms, you are now also able to use their emergency filing service to upload and submit completed registrar’s powers forms.
- apply for rectification by the registrar of companies (RP02A and LL RP02A)
- apply for rectification of a change of registered address (RP02B and LL RP02B)
- object to a request to rectify the register (RP03 and LL RP03)
- apply to remove material about a director (RP06)
- apply to change a company’s disputed registered office address (RP07 and LL RP07)
- correct a director’s date of birth (RPCH01 and RP LLCH01)
Unable to file your accounts on time?
The Government has announced that companies affected by COVID-19 can apply for a 3 month extension for the filing of their accounts by making an application online which will be automatically and immediately approved if the reasons are COVID-19 related and if the deadline to file annual accounts has not yet passed.
This is helpful for directors as it may allow them more time to agree terms with their existing lenders and/or take advantage of the new funding schemes available to the companies before finalising their accounts.
Changes to strike-off policy and late filing penalties
In light of COVID-19, Companies House have stated that they will, for a temporary period:
- ease any strike-off activity;
- treat late filing penalty appeals sympathetically – if the late delivery of accounts was caused by the COVID-19 outbreak;
- provide a break for companies to pay late filing penalties; and
- provide additional support with payment plans for late filing penalties.
However, this does not mean that Companies House will stop writing to companies who are late filing their annual accounts or confirmation statement.
Failure to file annual accounts
Failure on behalf of Companies to file their annual accounts or confirmation statement will normally result in the company receiving two letters from Companies House. A notice is subsequently published in the Gazette in order to inform the public that the registrar intends to strike off the company.
Companies House have indicated that they will continue to write to companies if their annual accounts or confirmation statement are overdue, however, they will not publish the Gazette notice. This is particularly helpful for directors as it may allow them more time to make arrangements and relevant changes to the company and file any outstanding documents in order to bring their record up to date.
How we can help your company
As a leading law firm with a track record of success, you can be assured that your matter is in safe hands. Our success rate is a result of the dedication of our lawyers who will diligently review your matter so it has the best possible chance of success from the outset when it matters the most.
Why should you instruct a specialist insolvency lawyer at the winding up petition hearing?
The rules surrounding insolvency are technical and it is unlikely that a someone not versed in personal insolvency laws will achieve a successful outcome. Winding up particularly and insolvency in general is a niche practice area – indeed many solicitors in general practice will rarely have experience in this discipline.
Do not underestimate the severe consequences that winding-up order entails. It is likely that seeking the advice of a specialist insolvency lawyer will be of far more benefit to you than ignoring impending proceedings or seeking to conduct the litigation yourself as a layman.
Not based in London? We provide nationwide representation
That does not matter, we will represent you no matter where you are based in England or Wales.
If you contact us through our contact form, by email or by phone, one of our winding up petition team members will contact you by phone to discuss your matter and assess whether we can help you.
If we can, we will arrange a conference with a senior member of our winding up petition team. This meeting will take place either in person or using our telephone conference facilities or via Skype if you prefer. Therefore, no matter where you are based in England or Wales we can represent you.
Instruct Specialist Insolvency Lawyers
We provide a no cost initial case review to establish whether or not we can help you. We are a specialist City of London law firm made up of Solicitors & Barristers and based in the Middle Temple Inn of Court adjacent to the Royal Courts of Justice. We are experts in dealing with matters surrounding insolvency in particular issues. Our team have unparalleled experience at serving statutory demands, negotiating with debtors/creditors, setting aside statutory demands and both issuing and defending winding up petitions vigorously at the Royal Courts of Justice (Rolls Building), or the relevant High Court District Registry or County Court with jurisdiction under the Insolvency Rules
Want legal advice on the merits of your insolvency case?
Our simple enquiry form goes immediately to our Winding up Petition team in Middle Temple, London. Call us on +442071830529 from 9am-6pm.