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EFIS 72, June 2016 : Company

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Companies House (CH) has amended some existing forms and created new ones to reflect the new provisions which the Small Business Enterprise and Employment Act 2015 (or SBEE for short) introduced on 30th June.

In particular, CH has designed new forms to supply information about people with significant control (or PSC) of a company which is a new legal concept introduced by the SBEE.

In future, most companies will have to keep a PSC register either internally or by sending the relevant details for CH to keep centrally and more detailed information can be obtained from the Register of People with Significant Control Regulations 2016 and the Limited Liability Partnerships (Register of People with Significant Control) Regulations 2016.

Private companies could have either an individual with PSC or a relevant legal entity (abbreviated to RLE) or another registrable person with PSC which could be a corporation or a Government Department.

If a company chooses to maintain its information at CH, they must use one or more of the new forms PSC01-PSC09 to register these details at CH either at incorporation or soon afterwards. The new forms EH01-EH05 can be used to elect to store PSC information at CH whilst EW01-EW05 can be used to withdraw that election.

Although Companies House has amended the Annual Return form AR01 to reflect the new format of the statement of capital, this latest version of AR01 should only be used by companies whose return date falls on or before 29th June but will be submitted on AR01 to Companies House on or after 30th June.

This is because CH has created a new two page confirmation statement (CS01) which will need to be filed at least once a year and which will replace the existing annual return form AR01 which can no longer be used on or after 30th June.

In future, all UK registered companies will have to complete and return CS01 which must be delivered to CH in accordance with section 853A(1)(a) of the Companies Act.

However, unlike AR01, some additional information will need to accompany CS01 which are contained in Parts 1-5 of CS01. We have therefore produced CS01_Combined, which comprises of the Confirmation Statement plus Parts 1 to 5 in an easy to navigate format.

Part 1 deals with the SIC code; Part 2 contains the statement of capital; Part 3 concerns the trading status of shares; Part 4 provides shareholder information and Part 5 must be delivered with CS01 if it is the first time information about "people with significant control" (PSC) information has been supplied to Companies House or there has been any change in the information contained in Parts 1-4 since the company last filed this information at Companies House.

In addition, CH has redesigned the existing statement of capital form(s) SH01-SH50 which instead of asking for the amount paid per share requires information to be provided about the aggregate amount unpaid on shares.

The IN01 form has been redesigned to include SIC code status and PSC details, options to elect to keep Register information at CH as well as the amended statement of capital.

Companies House will provide more detailed guidance on its website regarding the use of these new forms which corporate practitioners can follow by following the link to: www.gov.uk/government/organisations/companies-house

These new and amended forms can be used immediately.

Some additional forms are also in the process of being amended and should be with you in due course.

Forms affected

AR01 Annual Return 2015 - (Section 854 of the Companies Act 2006) New/Amended
AR01(CONT) Annual Return 2015 - continuation page - (Section 854 of the Companies Act 2006) New/Amended
IN01 Application to register a company New/Amended
IN01(CONT) Application to register a company - continuation page New/Amended
SH01 Return of allotment of shares New/Amended
SH01(CONT) Return of allotment of shares - Continuation page New/Amended
AD03 Change of location of the company records to the single alternative inspection location (SAIL) (Sections 114, 162, 228, 237, 275, 358, 702, 720, 743, 805, 809, 877, 859Q & 892 of the Companies Act 2006) New/Amended
AD04 Change of location of the company records to the registered office - (Sections 114, 162, 228, 237, 275, 358, 702, 720, 743, 805, 809, 877, 859Q & 892 of the Companies Act 2006) New/Amended
RR01 Application by a private company for re-registration as a public company New/Amended
SH02 Notice of consolidation, sub-division, redemption of shares or re-conversion of stock into shares New/Amended
SH02(CONT) Notice of consolidation, sub-division, redemption of shares or re-conversion of stock into shares - continuation page New/Amended
SH05 Notice of cancellation of treasury shares by a public limited company (PLC) New/Amended
SH05(CONT) Notice of cancellation of treasury shares by a public limited company (PLC) - continuation page New/Amended
SH06 Notice of cancellation of shares New/Amended
SH06(CONT) Notice of cancellation of shares - continuation page New/Amended
SH07 Notice of cancellation of shares held by or for a public company New/Amended
SH07(CONT) Notice of cancellation of shares held by or for a public company - continuation page New/Amended
SH14 Notice of redenomination New/Amended
SH14(CONT) Notice of redenomination - continuation page New/Amended
SH15 Notice of reduction of capital following redenomination New/Amended
SH15(CONT) Notice of reduction of capital following redenomination - continuation page New/Amended
SH19 Statement of capital - s. 108 New/Amended
SH19(CONT) Statement of capital s. 108 - continuation page New/Amended
SH50 Application for trading certificate for a public company New/Amended
SH19SR Statement of capital for reduction supported by solvency statement or court order - ss. 644 & 649 New/Amended
SH19SR(CONT) Statement of capital for reduction supported by solvency statement or court order - ss. 644 & 649 - continuation page New/Amended
RP04 Second filing of a document previously delivered New/Amended
SH19s7_2 Statement of capital on cancellation of share warrants - s7_2 New/Amended
SH19s7_2(CONT) Statement of capital on cancellation of share warrants - s7_2 - continuation page New/Amended
PSC01 Notice of individual person with significant control (PSC) New/Amended
PSC02 Notice of relevant legal entity (RLE) with significant control New/Amended
PSC03 Notice of other registrable person (ORP) with significant control New/Amended
PSC04 Change of details of individual person with significant control (PSC) New/Amended
PSC05 Change of details of relevant legal entity (RLE) with significant control New/Amended
PSC06 Change of details of other registrable person (ORP) with significant control New/Amended
PSC07 Notice of ceasing to be an individual person with significant control (PSC), relevant legal entity (RLE), or other registrable person (ORP) New/Amended
PSC08 Notification of PSC statements New/Amended
PSC09 Update to PSC statements New/Amended
CS01 Confirmation statement New/Amended
CS01_Combined Confirmation statement plus additional information pages Parts I to VConfirmation statement plus additional information pages Parts I to V New/Amended
EH01 Election to keep information from register of directors on the central (public) register (Section 167A of the Companies Act 2006) New/Amended
EH02 Election to keep information from register of directors' residential addresses on the central (public) register (Section 167A of the Companies Act 2006) New/Amended
EH03 Election to keep information from register of secretaries on the central (public) register (Section 279A of the Companies Act 2006) New/Amended
EH04 Election to keep information from register of people with significant control (PSC) on the central (public) register (Section 790X of the Companies Act 2006) New/Amended
EH05 Election to keep information from register of members on the central (public) register (Section 128B of the Companies Act 2006) New/Amended
EW01 Withdrawal of election to keep information from register of directors on the central (public) register (Section 167E of the Companies Act 2006) New/Amended
EW02 Withdrawal of election to keep information from register of directors' usual residential addresses on the central (public) register (Section 167E of the Companies Act 2006) New/Amended
EW03 Withdrawal of election to keep information from register of secretaries on the central (public) register (Section 279E of the Companies Act 2006) New/Amended
EW04 Withdrawal of election to keep information from register of people with significant control (PSC) on the central (public) register (Section 790ZD of the Companies Act 2006) New/Amended
EW05 Withdrawal of election to keep members' information on the central (public) register (Section 128J of the Companies Act 2006) New/Amended
EH05(CONT) Election to keep information from register of members on the central (public) register - continuation page (Section 128B of the Companies Act 2006) New/Amended

Crown copyright forms are reproduced with the permission of the Controller of the Stationery Office. Law Society forms are reproduced with the permission of the Law Society. Legal Aid Forms are produced with the permission of the LSC.