Key takeaways
Court orders can fix filing mistakes
Companies House needs legal authority to amend records.
Sensitive data can be removed or redacted
Protecting privacy is possible through formal applications.
Expert support speeds up resolution process
Hill Dickinson helps businesses correct errors efficiently.
Companies are subject to statutory filing requirements under the Companies Act 2006 (CA 2006). It is a legal requirement for a company’s officers to keep the information held at Companies House (CH) accurate and up to date. Often, companies are required to apply for a court order pursuant to the CA 2006 to obtain the necessary authority for CH to amend the register itself. Once an order is granted, CH must remove any material from the register that the court directs to be removed.
Hill Dickinson’s approach
Our Commercial team is vastly experienced in handling these applications and is well-equipped to guide you through the process.
Here are four short examples of recent matters the team has been instructed on demonstrating how we can help businesses protect their information.
Removing incorrect filings
We were instructed by a pharmaceutical company to replace and amend two allotments of shares (SH01s) which had been filed at CH and incorrectly recorded the value of the shareholdings. The filings had been placed on the register by mistake and without authority. When this was rectified by the client through an additional filing, the erroneous forms remained on the register and gave the impression to the wider public of additional allotments of shares.
An application was made pursuant to section 1096 of the CA 2006 to remove the erroneous filings from the register. From issuing the application to obtaining an order took two months, with a further few weeks for the Order to be actioned by CH to remove the erroneous filings.
Correcting mistakenly satisfied charges
We acted for a bank in connection with two charges that were mistakenly satisfied. The chargee’s register claimed to show that our client no longer held its security. Accordingly, we were instructed to apply for an order pursuant to sections 859M and 1096 of the CA 2006 for the rectification of the mistakenly satisfied charges and the removal of the relevant MR04 forms relating to the charges from the chargee’s filing history on CH.
We successfully managed to resolve the matter in short order and achieve an order which compelled CH to rectify its register appropriately.
Protecting personal information
We were instructed by a bank to replace an unredacted debenture at CH of one of its customers which displayed an address of a witness within an execution clause. The witness had previously divorced her husband in acrimonious circumstances. The bank had been instructed to redact the address from the document filed at CH. In failing to do so, the document caused the witness concern given that her residential address was publicly available. A complaint was raised with the bank to rectify the issue.
We issued an application pursuant to section 859 of the CA 2006 to remove the filing from the register and replace it with a version in which the personal information of the individual witness was fully redacted. From matter inception to obtaining an order from the Court took three months. Commenting on our efforts, our client said: “Massive thanks from my office for your approach and efforts on this case. I have reviewed both entries on CH and confirm the witness details are now all redacted – excellent.”
Removing unauthorised information
We were instructed by a company that specialised in the design, supply and installation of kitchens within the food service industry to correct its public filings on CH. Specifically, unabridged accounts had been filed without the company’s authority. The public availability of those accounts had the propensity to cause the company harm due to sensitive commercial information they contained.
We successfully applied for the removal of the unauthorised accounts from the company’s register pursuant to section 1096 of the CA 2006. The company was delighted with the outcome and speed with which it was delivered, noting: “[we] have both been really impressed with your team (professional, great communication, progressing matters quickly). We look forward to working with you again in the future.”
Support with Companies House filings from Hill Dickinson
If your business needs help with correcting Companies House filings, or you have any questions about corporate matters, our experienced Corporate team is on hand to help.
