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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hello, We are a small residential management company with

Resolved Question:

Hello,

We are a small residential management company with 18 flats. We have made a mistake with our accounts when submitting to Companies House. We omitted the name one of our Directors on the the information accompanying the accounts.

Should we correct this or not? If we do will CH require a new submission in which case we could be end up filing late. Do CH ever check these matters out if our submission differs from their records.

Your advice would be welcome.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Just to be clear you forgot the Director all together?
Customer:

yes

Customer:

I have a related question but I would like to understand the position on this first.

Alex Watts :

Ok - Co Ho do not check in reality

Alex Watts :

It should be accurate of course, but in reality no one is going to find out

Alex Watts :

You can submit a new annual return (not accounts) and clarify that the Director is on the books

Alex Watts :

Indeed you can add them at Companies House

Alex Watts :

But really Co Ho are not going to check

Alex Watts :

It is not as if you are M&S and the accounts are wrong

Alex Watts :

So whilst they should be accurate I would not concern yourself too much

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

It was a deliberate omission.. There has been an argument over who can be a director even though we all can if we wish. The director has been on record for over six months but other directors were being mischievous when filing. Everyone is appointed through electronic filing but they are trying to challenge this one appointment..

Alex Watts :

Ok - there must have been a resolution of the Board or shareholdesr

Alex Watts :

If it was passed then it must be correct and submittefd

Alex Watts :

* submitted *

Alex Watts :

But if it was not done Co Ho generally do not check as this would be an impossible check as there are many thousands of companies

Alex Watts :

Can I clarify anything else for you?

Customer:

There was not a board meeting and there was not a resolution. The accounts were signed off by some of the Directors but not all. The Director is on CH records and he wishes to remain so. They have just left the Directorship on record but ignored it deliberately when submitting the accounts and trying to ignore the Director all together. What should the Director in question do about this?

Alex Watts :

I see. The Directors may not need to be signed off by all.

Alex Watts :

However the Director can contact Companies House to see if they will investigate.

Alex Watts :

Does that help?

Customer:

Yes thanks. Are CH likely to investigate if they think that the omission was on purpose? Would it mean the accounts are rejected and then have to be resubmitted?

Alex Watts :

Well if it was not accidental then they may have to

Alex Watts :

It may just be a case that the accounts can be amended rather than being late.

Alex Watts :

Can I clarify anything else for you?

Customer:

T

Customer:

+

Customer:

Thanks for your help.

Ash and other Law Specialists are ready to help you