Wednesday, March 21, 2012

Companies House – we are confused

In our Blog article entitled “Companies House – it has finally happened!”, posted on 16 February, we commented on the problems that could arise because of late filing of the notice of move from Administration to CVL. In that instance the date of cessation of the Administration and of commencement of the liquidation was the date the Form was registered by Companies House. As far as we were aware when exiting from Administrations it is always the date of registration of the form at Companies House that is the key date, until now.

We have recently become aware of an instance where a Form 2.35B, notice of move to dissolution, was sent by post to Companies House but the date of cessation of the Administration shown on the Register was the date the Form was signed, rather than the date it was actually received and processed by Companies House. If Companies House can use the date of signing when registering Form 2.35B, why can they not use the date of signing of the Form 2.34B when registering a notice of move from Administration to CVL?

We are not sure if that is a one-off error, or the start of a new filing approach generally, or even if it just applies to Form 2.35B’s, but it is certainly something that we intend to raise at a Companies House roadshow. Please let us know of any other instances of inconsistencies or strange decisions being made by Companies House. We will need case names and your permission to disclose them to Companies House if we are to be able to raise them at the roadshows.