Companies House Prosecuting Solicitors
Our Companies House prosecuting solicitors regularly appear in Court defending companies and directors who are being prosecuted by Companies House.
Under s.242 of the Companies Act 1985, the directors of a company are obliged, each year, to file copies of the following with Companies House:
- the company’s annual accounts;
- the directors’ report;
- the directors’ remuneration report (in the case of a quoted company);
- the auditors’ report on those accounts or (in the case of a quoted company) on those accounts and the auditable part of the directors’ remuneration report.
If these requirements are not complied with, each director of the company is liable to prosecution by Companies House. They could then be liable to a fine as well as a daily default penalty if the information is still not supplied to Companies House. In addition, the Court can also disqualify directors for up to five years if it is their third or more offence of this nature. The best defence in this situation is for a director to show that they took all reasonable steps to ensure that the requirements were complied with.
Contact UsFrequently Asked Questions
If I am summoned and plead guilty or am found guilty, is this a criminal conviction?
Companies House prosecutions are criminal convictions and will, in certain circumstances, need to be declared. There are significant reputational and other consequences for directors who receive criminal convictions, and it is imperative that if you are facing a summons issued by Companies House, you should contact us for advice to discuss how best to deal with the matter.
What evidence will help me defend myself?
If you are looking to defend the allegations, you will need to show that you took all reasonable steps. Evidence which may assist you could be a statement from your accountant or doctor, helping to explain what went wrong and what steps you took to ensure the relevant documents were filed at the right time. Character references may also assist, especially if you are looking to mitigate any sentence. Our lawyers can assist you to make sure that the evidence is put in the correct format for use at Court and ensure that it is admissible.
How much will it cost for me to be represented?
Our team are happy to speak to you for an initial free consultation so that you can make an enquiry in confidence and without obligation. We are transparent about our fees from the outset and are usually able to offer fixed fees bespoke to your case, so that you are aware of the costs from the outset.
Will Companies House reconsider?
It is likely that a director will have been given multiple opportunities to file accounts before a summons, and so Companies House may be reluctant to reconsider. However, where accounts are filed up to date, it is possible for representations to be made to the Prosecuting Solicitor at Companies House to consider withdrawing allegations. Our expert team of lawyers regularly make successful representations to Companies House, persuading them that it is not in the public interest to proceed with matters before the Magistrates Court, thus avoiding a criminal conviction. Our team have successfully persuaded Companies House to reconsider their position, even where representations made by directors themselves or by their accountants or other lawyers on their behalf have been unsuccessful.
How we can help
Our professional and experienced team can be on hand, at short notice where necessary, to advise you on all aspects of this offence, from dealing with Companies House to representing you before the Magistrates Court. Our team is based a short distance from Cardiff Magistrates Court and regularly represent those defending Companies House prosecutions. The representation of directors in these circumstances is a very specialist area of law and one which is not often dealt with by other criminal solicitors. Our team is regularly approached by other solicitors and accountants with a view to us representing their clients with a view to avoiding the significant damage which can arise out of a conviction.
In certain circumstances, we may be able to make written representations to the lawyers at Companies House to see if they will consider withdrawing the allegations. Our expert team have a great deal of experience in persuading Companies House that it is not in the public interest to proceed with a summons.
The ‘reasonable steps’ defence is one which is open to interpretation and varies from case to case. Our solicitors are able to advise you on your prospects of success and on how to present this defence to the Court to have the best opportunity of defending the prosecution.
In addition, if you are convicted or have to plead guilty to an offence, we are able to assist you in keeping any penalty you receive to a minimum as well as helping you defend any application by Companies House to ask the Court to disqualify you from acting as a company director.
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