AD03 - Change of location of the company records to the single alternative inspection location (SAIL) (Sections 114, 162, 228, 237, 275, 358, 702, 720, 743, 805, 809, 877, 859Q & 892 of the Companies Act 2006)

Last EFIS release: 72/2016 (June 2016)

Form status: New/Amended

Companies House (CH) has amended some existing forms and created new ones to reflect the new provisions which the Small Business Enterprise and Employment Act 2015 (or SBEE for short) introduced on 30th June.

In particular, CH has designed new forms to supply information about people with significant control (or PSC) of a company which is a new legal concept introduced by the SBEE.

In future, most companies will have to keep a PSC register either internally or by sending the relevant details for CH to keep centrally and more detailed information can be obtained from the Register of People with Significant Control Regulations 2016 and the Limited Liability Partnerships (Register of People with Significant Control) Regulations 2016.

Private companies could have either an individual with PSC or a relevant legal entity (abbreviated to RLE) or another registrable person with PSC which could be a corporation or a Government Department.

If a company chooses to maintain its information at CH, they must use one or more of the new forms PSC01-PSC09 to register these details at CH either at incorporation or soon afterwards. The new forms EH01-EH05 can be used to elect to store PSC information at CH whilst EW01-EW05 can be used to withdraw that election.

Although Companies House has amended the Annual Return form AR01 to reflect the new format of the statement of capital, this latest version of AR01 should only be used by companies whose return date falls on or before 29th June but will be submitted on AR01 to Companies House on or after 30th June.

This is because CH has created a new two page confirmation statement (CS01) which will need to be filed at least once a year and which will replace the existing annual return form AR01 which can no longer be used on or after 30th June.

In future, all UK registered companies will have to complete and return CS01 which must be delivered to CH in accordance with section 853A(1)(a) of the Companies Act.

However, unlike AR01, some additional information will need to accompany CS01 which are contained in Parts 1-5 of CS01. We have therefore produced CS01_Combined, which comprises of the Confirmation Statement plus Parts 1 to 5 in an easy to navigate format.

Part 1 deals with the SIC code; Part 2 contains the statement of capital; Part 3 concerns the trading status of shares; Part 4 provides shareholder information and Part 5 must be delivered with CS01 if it is the first time information about "people with significant control" (PSC) information has been supplied to Companies House or there has been any change in the information contained in Parts 1-4 since the company last filed this information at Companies House.

In addition, CH has redesigned the existing statement of capital form(s) SH01-SH50 which instead of asking for the amount paid per share requires information to be provided about the aggregate amount unpaid on shares.

The IN01 form has been redesigned to include SIC code status and PSC details, options to elect to keep Register information at CH as well as the amended statement of capital.

Companies House will provide more detailed guidance on its website regarding the use of these new forms which corporate practitioners can follow by following the link to: www.gov.uk/government/organisations/companies-house

These new and amended forms can be used immediately.

Some additional forms are also in the process of being amended and should be with you in due course.

All EFIS releases