Q&As

What are the consequences of filing an incorrect return of allotment and incorrect annual returns at Companies House? What action can be taken by a company to rectify the incorrect filings?

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Published on LexisPSL on 02/06/2015

The following Corporate Q&A provides comprehensive and up to date legal information covering:

  • What are the consequences of filing an incorrect return of allotment and incorrect annual returns at Companies House? What action can be taken by a company to rectify the incorrect filings?
  • Returns of allotment
  • Annual returns
  • Correcting filings at Companies House
  • Small Business, Enterprise and Employment Act 2015

What are the consequences of filing an incorrect return of allotment and incorrect annual returns at Companies House? What action can be taken by a company to rectify the incorrect filings?

For the purpose of this Q&A we assume that the company in question is a private limited company and that there has been an allotment of shares that was correctly carried out (although not correctly reflected in the returns of allotment or annual returns filed at Companies House).

Returns of allotment

A limited company is required to file a return of allotment at Companies House within one month of making an allotment of shares (using Form SH01), which must contain certain prescribed information and be accompanied by a statement of capital.

If a company makes default in complying with CA 2006, s 555, an offence is committed by every officer of the company who is in default and the penalties on conviction are set out in CA 2006, s 557 – these may include a daily default fine. In the case of default in delivering the return required by CA 2006, s 555 to Companies House within one month after the allotment, any person liable for the default may apply to the court for relief. For further information on applications to the court for relief, see commentary: Power of court to extend time to make return of

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