Header Chapter 1 Powers which relate to the delivery of information Alias chapter-1-powers-which-relate-to-the-delivery-of-information Fulltext
1.What do we mean by form, authentication & manner of delivery of documents?
Companies and LLPs can deliver documents to the registrar electronically, either via computer software systems or the Companies House website, or as paper forms. In all cases, those delivering documents must meet the registrar's requirements on the format of the document, and the way in which it is delivered and signed; these are in addition to any other requirements determined by legislation, such as the Act or the Limited Liability Partnerships Act 2000 or regulations. We set out the requirements in the registrar's rules made under section 1117 of the Act on the form, manner of delivery and authentication of documents.
Electronic delivery of documents
The registrar also makes requirements for the form, authentication and manner of delivery of documents by electronic means. These are also included in registrar's rules. For companies and LLPs filing electronically via software, the rules set out the electronic format they must use for each document, how they must authenticate the document (to replace the signature and registered name and number on paper forms) and how they must send it. For those filing via the Companies House website, the formats for individual documents are all shown on the website as is the method of authentication. Once you have completed the document you submit it directly via the website.
Delivering paper documents
For companies and LLPs delivering paper documents the registrar's rules provide for the format of paper forms, setting out, for example, what the forms must look like, how to complete them (e.g. in black ink), who can sign them and where they must send them.
The rules also cover all other documents such as annual accounts which companies and LLPs have to deliver to the registrar. In these cases the rules require, for example, the use of black ink on white paper and sets out who must sign them and where the registered name and number should be stated.
2.Where can I see the forms and registrar rules?
The rules and associated paper forms and electronic formats for electronic filing are all available on our website. You can also ask for a hard copy by ringing our Contact Centre on 0303 1234 500.
3.Delivery and receipt of documents (Section 1071)
A document is not delivered to the registrar until the registrar receives it. Generally, we treat a document as received when it has been successfully delivered (by hand, by post or DX) to Companies House. We have set out in rules when documents are legally considered to have been delivered to the registrar at each of our offices, as the point of receipt will vary across Companies House offices, due to the individual office
opening hours and building arrangements; as well as differing levels of postal, DX mail and LP services to that office.
To ensure you gain the earliest possible receipt date, we will accept documents at any of our Companies House offices, regardless of where the company or LLP is registered.
Each of the following tables set out the point of receipt at our offices based on the frequency of that delivery method:
|
By Post |
||
|
Delivery address |
Delivery |
Point of receipt |
|
Companies House Crown Way Cardiff Wales CF143UZ |
Monday- Saturday (excluding bank holidays) |
When handed over at the reception desk or at the loading bay |
|
The Registrar of Companies PO Box 4082 Cardiff CF14 3WE |
||
|
No delivery on Sunday |
||
|
Companies House 4 Abbey Orchard Street Westminster London SW1P 2HT |
Monday- Friday (excluding bank holidays) |
When handed over at Companies House reception desk (accessed through the entrance door marked "Companies House") |
|
No delivery on Saturday or Sunday |
||
|
Companies House Fourth floor Edinburgh Quay 2 139 Fountainbridge Edinburgh Scotland EH3 9FF |
Monday - Saturday (excluding bank holidays) |
When handed over at the Companies House reception desk on the Fourth Floor |
|
No delivery on Sunday |
||
|
Companies House Second Floor The Linenhall 32-38 Linenhall Street Belfast Northern Ireland BT2 8BG |
Monday- Friday (excluding bank holidays) |
When handed over at the Companies House reception desk on the Second Floor |
|
No delivery on Saturday or Sunday |
||
|
Document Exchange |
||
|
Delivery address |
Delivery |
Point of receipt |
|
Companies House DX 33050 Cardiff |
No delivery on Sunday or Monday |
|
|
Tuesday- Saturday (excluding bank holidays) |
When handed over at the reception desk or loading bay at Companies House, Crown Way |
|
|
Companies House DX 481 N.R. Belfast 1 |
Monday- Friday (excluding bank holidays) |
When handed over at the Companies House reception desk on the Second floor, The Linenhall, 32-38 Linenhall Street, Belfast. |
|
No delivery on Saturday or Sunday |
||
|
Companies House DX ED235 Edinburgh 1 |
No delivery on Sunday or Monday |
|
|
Tuesday - Saturday |
When handed over at Companies House reception desk on the Fourth Floor, Edinburgh Quay 2, 139 Fountainbridge, Edinburgh. |
|
|
Personal deliveries |
||
|
Delivery address |
Delivery |
Point of receipt |
|
Companies House Crown Way Cardiff Wales CF143UZ |
At any time |
When handed over at the reception desk |
|
Companies House 4 Abbey Orchard Street Westminster London SW1P 2HT |
Within opening hours[1] (Monday- Friday excluding bank holidays) |
For a delivery within opening hours - when handed over at Companies House reception desk (accessed through the entrance door marked "Companies House") |
|
Outside opening hours* |
For a delivery outside opening hours - when put through the letterbox in the entrance door marked "Companies House " at 4 Abbey Orchard Street |
|
|
Companies House Fourth floor Edinburgh Quay 2 139 Fountainbridge Edinburgh Scotland EH3 9FF |
Within opening hours* |
When handed over at the Companies House reception desk on the Fourth Floor |
|
Outside opening hours* |
When put through Companies House letterbox in the wall of the building at 139 Fountainbridge (the letterbox is marked “Companies House” and is in the wall that is next to the access road to the car park). |
|
|
Companies House Second Floor The Linenhall 32-38 Linenhall Street Belfast Northern Ireland BT2 8BG |
Within opening hours* (Monday- Friday excluding bank holidays) |
When handed over at the Companies House reception desk on the Second Floor |
|
No personal deliveries outside opening hours |
||
[1] The opening hours of each Companies House address are available on our website.
4. What is meant by proper delivery of a document? (Section 1072)
A properly delivered document is one that meets all the requirements of the registrars’ rules and the legislation under which it is delivered. Generally, the legislation sets out what the content of a document should be and the rules set out the form of the document, any requirements for authentication and where it must be delivered.
In particular, a document is properly delivered when:
- it contains all the information required by the legislation
- it meets all the legislative and registrar's rules requirements as to form, e.g. is in the right format (i.e. the right paper form or electronic format) and can be scanned or copied
- it has been authenticated (by signature in the case of a paper form or by electronic authentication for electronic filing), and includes the company or LLP name and number where required
- it has met any requirements for delivery, e.g. it has been sent electronically where the company has agreed with the registrar that it will only file such documents electronically
- it complies with any language requirements and/or is accompanied by a certified translation if the document is in a language other than English
- it uses only permitted characters (characters, letters and symbols allowed by the Secretary of State in the Registrar of Companies and Applications for Strike Off Regulations 2009) in names and addresses, unless covered by an exception in those regulations
- it meets the registrar's requirements for certification or verification of a document as an accurate or correct copy or translation
- it is accompanied by the correct fee for the filing of the document
5.What happens if my document is not properly delivered? (Section 1073)
In most cases, the registrar will reject the document and will tell you what you need to do next in order to correct it. However, the registrar may still accept a document that does not meet the requirements for proper delivery. For example, in a large document, it may not be apparent to the registrar that something is missing or incorrect, and he may register it without noticing.
However, he would not accept a document that was not signed or did not include the company authentication code, where the fee was not paid, or where information was missing. Please check the relevant guidance for more information on what certain documents must contain.
6.If the Registrar accepts a document that is not properly delivered, does it cancel out the original requirement to deliver it properly?
No. The fact that the registrar has accepted and registered the document does not mean that the original requirement has been satisfied. As a result the obligation to file the document continues and any liabilities that arise from not doing so still apply.
The registrar may decide to take further action after registration - for example, if a third party points out that it does not comply with the statutory obligations. In such cases the registrar may write to the company or LLP asking them to deliver a replacement document, along with a RP01 or LL RP01 covering form, that complies with all the requirements of proper delivery.
If they deliver a replacement document with the appropriate RP01 or LL RP01, the registrar may then remove the original. If they do not respond, he can send a notice to them giving them 14 days to file a document that complies with the requirements for proper delivery.