Claims by Companies House can be both frightening and serious. They can lead to fines and / or disqualification from acting as a director. Our team has been defending directors since 2002. Let us help you too.
Background to Companies House
Directors of a company have a statutory responsibility to make sure company information properly filed at Companies House. This information includes information on the company’s constitution, who its directors are, who its owners are, its financial performance, its assets, its secured liabilities and any notice of insolvency or dissolution. Key documents to file include the annual confirmation statement and the financial accounts.
The idea is that members of the public always have access to key information. But Companies House is largely not policed and therefore relies on the directors of a business to properly comply with their obligations.
Sanctions for failing to comply with statutory duties
In the absence of failing to comply with a company’s obligations, the Registrar of Companies may
- dissolve the company;
- fine the company;
- fine the directors of the company;
- for directors who have been fined at least two times previously, disqualify those directors for up to 5 years.
How we can help directors
Our expert team boasts lawyer and accountant Stephen Downie, together with an ex HMRC specialist, Andy Lynch. Our brilliant team can help in the following ways
1. Reviewing Companies House claims
Our team can provide the early assistance needed to deal with the Company House allegations, reviewing what they are and how best to mitigate or deal with the claim. This often involves a review of the evidence presented, and making early representations to Companies House. And then entering in to negotiations if required.
2. Helping you get back on track
Often a company will need expert help to get things back on to the shape required. We can assist with this – and we also have excellent contacts with other trusted third party professionals, for example accountants and financiers. Our team approach can get your business back to where it needs to be.
3. Defending director disqualification claims
We are the leading disqualification lawyers in the county. At Francis Wilks & Jones we have an office in Cardiff and can attend sentencing hearings at the Cardiff Magistrates Court with a view to persuading the court not to disqualify a director.
4. Obtain court permission to remain / act as a director
If you do become disqualified, our expert team can help obtain court permission to remain a director despite disqualification. We have 100% success record in these claims going back to 2002.
5. Arranging attendance at the Magistrates court
If you do have to attend court, we have expert links with barristers throughout the country who can accompany you to court and help represent you. It is always sensible to do this and avoid the risk of a large fine (or worse).
I was greatly impressed with FWJ. Their commercial approach combined with specialist knowledge and tactical expertise was pivotal in the claim being dropped and costs recovered in full.A director we defended in disqualification proceedings
FWJ exceeded my expectations by not only avoiding an order for my disqualification as a director but also negotiating a complete withdrawal of the prosecution. This has been such a relief and weight off my mind after many years and I am very grateful to them. I strongly recommend instructing them at the very earliest opportunity. Timely advice, realistic expectations, prioritisation and logical legal presentation were key.A company director we successfully defended against a director disqualification claim by the Registrar of Companies