Removing material from Companies House
The litigation team have successfully obtained a court order to remove material from Companies House on behalf of one of its clients.
Limited companies are subject to a number of statutory filing requirements under the Companies Act 2006 (CA 2006) as part of the general day to day running of the business, which includes filing accounts and forms which update the company’s shareholding or directors. Once filed at Companies House, documents and material are published to the public company register permanently.
But what options does a company have in a situation where documents have been incorrectly filed?
Companies are able to apply to the court for an order for rectification of the register pursuant to sections 1096 and 1097 of CA 2006.
Under section 1096, the court is able to direct the Registrar of Companies House to remove material that either:
- Derives from anything the court declares to be invalid or ineffective, or done without the authority of the company;
- is factually inaccurate, or derives from being so; or
- is forged.
Where the registration of material has legal consequences (for example, the registration of anything that relates to the company’s formation or dissolution), the court would be unable to grant an order unless the company is able to show that the material has or will damage the company, or the company’s interest in removing the material outweighs any third party interest to keep the material published.
Upon application to the court, the company should enter into discussions with Companies House to agree the contents of the order. If agreed, Companies House will inform the court that they do not object to the application and the order being made.
If granted by the court, the order is sent to Companies House, who will then proceed in removing the material from the register and publish a copy of the court order, as to maintain transparency.
Rogers & Norton were able to prove to the court that a form which had been filed on behalf of the company was factually inaccurate as it showed the incorrect amount of redeemed shares, and the client was subsequently granted the order.
If you would like any further information and advice on a matter relating to the removal of material from Companies House, the litigation team are able to assist.
*This article is provided for general information purposes only and does not constitute legal or any other professional advice.