All sorts of filing requirements

Question 1

LLP filing requirements for incorporation

Answer 1

• form LL IN01
• applicable fee
  Partnership agreement NOT required

Question 2

Which information must sole traders/partners disclose?

Answer 2

Their identities + addresses

Question 3

Private company filing requirements for incorporation

Answer 3

• form IN01
• applicable fee
• memorandum of association
• Articles (only if not using Model Articles)

Question 4

When does a company begin to exist?

Answer 4

When the certificate of incorporation is issued

Question 5

What must be filed at CH upon amending Articles? (and when)

Answer 5

• amended Articles
• special resolution amending them

Within 15 days of the amendment taking effect/the resolution passing

Question 6

What must be filed at CH upon converting a company from private to public?

Answer 6

• re-registration form RR01
• applicable fee
• special resolution
• amended Articles
• balance sheet + written statement from auditors

Question 7

How can the accounting reference date be changed?

Answer 7

By board resolution, and filing form AA01 at CH

Question 8

Filing requirements after changing a company’s name

Answer 8

• form
• applicable fee
• copy of the special resolution passing it

Question 9

Filing requirements for removing (and appointing) a director

Answer 9

Removing: form TM01 (only)
Appointing: form AP01 (only)

Or TM02/AP02 if it’s a company

Question 10

Which documents must be kept for 10 years by a company?

Answer 10

• Minutes of every board meeting
• Minutes of every GM
• Record of outcome of written resolutions

Question 11

Filing requirements for registering a charge

Answer 11

• form MR01 (statement of particulars)
• copy of the charge document
• fee

Question 12

When MUST form MR04 be sent to CH?

Answer 12

When a charge is released
(it only MAY be sent to CH upon redemption of a secured loan)

Question 13

When a negative pledge is created in a floating charge, where must it be included?

Answer 13

In the particulars of charge (form MR01) when it’s being registered at CH

Question 14

What must a qualifying charge holder’s notice of appointment of an administrator at court include?

Answer 14

• that he holds a QFC,
• that the charge has become enforceable, and
• that Schedule B1 of the IA applies to it

(note that the charge must also be over all/substantially all of B’s property)

Question 15

How can an auditor be removed?

Answer 15

By ordinary resolution