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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We are looking to draft a court order under section 1096 of

Resolved Question:

We are looking to draft a court order under section 1096 of companies act 2006 in order to remove full accounts filed with companies house in error and replace with abbreviated accounts. How do we do this?
Submitted: 11 months ago.
Category: Law
Expert:  Ash replied 11 months ago.

Hello my name is ***** ***** I will help,you.

Have the court asked for this please?

Customer: replied 11 months ago.
No. Our client wants the full accounts removed as the company is only required to file abbreviated account and does not want the information to public i.e available to competitors .
Expert:  Ash replied 11 months ago.

Ok. Do you want to know just the wording of the order? Why do you need this, has a judge requested it?

Customer: replied 11 months ago.
Companies house will not remove this from the website unless instructed by the court. Here is a copy of their email to us."Unfortunately, the Registrar of Companies ("the registrar") has no power to administratively remove the accounts from the register.You may be able to remove the information from the register by taking the matter to court and seeking rectification under section 1096 of the Companies Act 2006. The registrar must remove from the register any material that derives from anything that the court has declared to be invalid or ineffective, or to have been done without the authority of the company; or that a court declares to be factually inaccurate, or to be derived from something factually inaccurate, or forged; and that the court directs to be removed from the register.If you wish to seek rectification through the courts, the registrar should be added as a party to the application to the court. The legal team at Companies House would be happy to consider a proposed application in draft (together with a draft order), so that the registrar may either approve the application/order, or suggest amendments which can be agreed between parties. We would recommend you take your own legal advice on this matterPlease advise, how to go about this, what form to use and what to write and any other legal details that we should know.
Customer: replied 11 months ago.
what court to contact.In addition, please advise whether we as an agent who filed this in error are we responsible to sort this out.
Expert:  Ash replied 11 months ago.

I understand. You therefore need to complete form N208:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n208-eng.pdf
To make the application to Court. You wont need to specify the order as you are in person, the Judge will probably amend that.

But it would be something like this:

1. Pursuant to Section 1096 of the Companies Act*****declares that the accounts dated xxxxx are invalid and should be removed by the Defendant from public record.

Yes, the agent who did this in error is responsible for sorting it out and any costs of the application for going to Court.

Can I clarify anything for you about this today please?

Customer: replied 11 months ago.
Just to clarify.We need to file the form that you have linked, correct? Can we send this in to the court or do we need a solicitor to do this for us? if we need a solicitor, do you offer this service?
Expert:  Ash replied 11 months ago.

N208 yes thats it. The matter will then be listed for hearing. I cant do this for you sadly, as this is a question and answer site.

But you can do this yourself, you do not need a Solicitor.

Does that clarify?

Customer: replied 11 months ago.
Is it the one that says "CPR part 8" just the two sheets?Where do we send this to?
Expert:  Ash replied 11 months ago.

Yes just 2 pages.

Your local County Court:

https://courttribunalfinder.service.gov.uk/search/

Does that clarify

Ash and other Law Specialists are ready to help you
Customer: replied 11 months ago.
Thanks