The Complete UK Guide to a Limited Company
A limited company is a distinct legal entity formed in the UK that is separate from its owners. This means that the company itself is responsible for its debts and liabilities, and its owners (shareholders) have limited liability, meaning their personal assets are protected beyond their investment in the company. From the initial formation and registration process […]
Understanding Company Law in the UK
Company law in the UK is an area of legal practice that governs the formation, operation, and dissolution of companies. It provides a legal framework that ensures businesses operate in a fair, transparent, and accountable manner. As a substantial body, company law encompasses various legal aspects, including company formation, director duties, shareholder rights, mergers and […]
Selling a Business as a Going Concern
Selling a business as a going concern can provide prospective buyers with the chance to invest in an established and affordable enterprise, saving valuable time, resources and start-up capital as the business can continue trading from day one of the transfer, without any interim transition period. However, it may not always be possible to sell […]
How to File a Companies House Confirmation Statement
Limited companies have to meet certain compliance obligations to Companies House, such as filing annual accounts and filing an annual confirmation statement. In this guide, we look at the rules relating to confirmation statements, including their purpose, what information needs to be checked, the filing process and submission date, and the consequences of not filing […]
What is a Public Company Limited By Shares?
If you run a successful private limited company and are looking to transition to public status, it’s important to understand the implications of your decision and the obligations involved. In thie guide, we explain the benefits and risks of becoming a public limited company, together with the additional administrative and regulatory requirements that must be […]
What Does Limited Liability Mean For Your Business?
When setting up a company, it’s important to understand how different types of business structure work. Factors such as the business owners’ exposure to financial risk and administrative obligations will require careful consideration when deciding which type of company structure is most suitable. In this guide, we focus on the limited liability structure. We explain […]
When & How to Dissolve a Company
There are many reasons why a company could be dissolved. There may be a dispute between the shareholders and directors, there may be succession issues following the death of the business owner, or the business may simply have run its course or perhaps never achieved the desired success. Whatever the reason, the process to close […]
How to Close a Business
Whether you are retiring, ready for your next challenge or your business has not been the financial success that you initially hoped it would be, there are a number of requirements that must be fulfilled in order to formally close a business. In this guide, we explain the steps that must be taken to close […]
Dormant Company Requirements
Even if a company is dormant, there are still a number of filing and reporting obligations that arise in relation to both HM Revenue and Customs (HMRC) and Companies House. As a business owner, it’s therefore important to know what these obligations are and when these arise, to ensure compliance at all times, regardless of […]
Money Laundering Regulations Guide 2022
Anti-money laundering rules in the UK are primarily governed by the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, commonly referred to as the Money Laundering Regulations. The following guide examines the provisions under these regulations, in particular the duties of any regulated business to register and report, and […]
AML Compliance Guidance
The UK’s anti-money laundering regime places extensive AML compliance duties on businesses. The following guide examines the meaning of AML and the rules relating to AML compliance across relevant businesses, including offences for AML non-compliance and associated penalties. What is money laundering? Money laundering refers to how criminals change, or ‘clean’ their assets […]
Creditors Voluntary Liquidation (Directors’ Guide)
If a company cannot pay its debts, its directors may decide to put the company into liquidation. Creditors’ Voluntary Liquidation offers directors a way to close their company voluntarily, rather than being forced to close under a winding up order. What is Creditors Voluntary Liquidation (CVL)? Liquidation is a legal process involving the […]
What is a Directors’ Service Contract?
Directors’ service contracts have an important function for companies. Not only are they are used to define the role, responsibilities and remuneration of the company’s directors, they also provide key legal protections to safeguard the interests of the business. Since directors are the most senior employees in the company, the directors’ service agreement is used […]
Winding Up a Company
If you’re a business owner looking to wind up your limited company because it can’t pay its debts, or a creditor wanting to petition for a winding up order because a company owes you money that it can’t repay, the following guide will help you to navigate the legal process. Sometimes winding up a company […]
Disqualification of Directors Rules
A company director may face disqualification if they are found to have failed to fulfil their legal responsibilities by participating in unfit conduct, or wrongful or fraudulent trading. Common grounds for director disqualification could include: Failure to maintain proper accounting records for the company Permitting a company which is unable to pay its debts […]
What is Insolvency?
When financial hardship hits your business, and you are forced to consider closing down, working out what to do next can be overwhelming. Understanding the fundamentals behind what insolvency is, what the process entails and what it means for the future of your business can help you to navigate this complex situation. What does […]
What is the Role of the Company Secretary?
All UK public companies require a company secretary by law, under the Companies Act. Private limited companies however are not required to appoint a company secretary, however the directors may still choose to do so, as there can be many practical benefits to the organisation of having a dedicated individual in this role. Many important […]
Restoring a Company to the Register
There are two processes for restoring a company to the Register, either by Court Order or by ‘administrative restoration’ under section 1024 of the Companies Act 2006. The appropriate route will be determined by a number of factors. Restoring a company to the register by way of administrative restoration requires certain eligibility criteria to be met […]