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Companies House Gateway Rejections

We would like to provide an update on the current state of the Companies House gateway.

Companies House’s systems are currently becoming intermittently unresponsive for prolonged periods of time. This is leading to many submissions being returned with a variant on one of the following errors:

  • Companies House Error: No data received from ngsrv
  • Companies House Error: Not a “HTTPS” request
  • Transmission Failure (Failed to send data request.)

Unfortunately, as these are all responses directly from Companies House’s systems on seemingly valid submissions. This is also causing services that rely on Companies House, such as the name check functionality, to become slow and unreliable.

Our programme providers have been speaking with Companies House since Monday in relation to these errors in hopes that a solution could be found, presently Companies House are unable to provide a timescale as to when these errors will be resolved.

For the time being, we will continue to resubmit these rejections as some submissions are being picked up by their system during the small windows where the gateway is functioning correctly. We are also temporarily returning all company names as available to prevent customers being turned away prior to starting an order, this will result in some orders being raised with company names that are unavailable, however, the alternative is that customers could see lengthy delays before being able to start an order.

Companies House Down Time

Companies House have advised they will not be processing submissions from 12 noon, Friday the 7th of September until Monday the 10th of September. Same day submissions must be submitted by 12 noon on the 7th of September.

We will still be holding all submissions in this time frame in review and will submit once the service has restarted on Monday, Experience tells us some orders can be lost at Companies House during these periods of maintenance.

PSC register risks

Failure to report on PSC register risks criminal prosecution

Since 26 June 2017 Companies House has been contacting, usually by formal letter, those individuals and companies who have not complied with the PSC Regulations.

Now harsher action is to be taken as it is a criminal offence not to comply with the new transparency of ownership rules.

This next phase to ensure that individuals and companies comply with the new regulations this means Companies House will pass on details of potential criminality to the Insolvency Service’s Criminal Enforcement Team, to investigate offences under Part 21A of the Companies Act on behalf of the Department of Business, Energy and Industrial Strategy (BEIS), and issue criminal proceedings where appropriate.

The requirements to keep a PSC register are set out in Part 21A of the Companies Act 2006.

A person with significant control (PSC) is someone who owns or controls a company, and is also known as ‘beneficial owners’. Most PSCs are likely to be people who hold more than 25% of shares in the company, more than 25% of voting rights in the company and have the right to appoint or remove the majority of the board of directors.
The Register of People with Significant Control Regulations 2016 (PSC) was introduced in April 2016. It requires all UK companies (including charitable companies and subsidiaries of exempted companies) and limited liability partnerships (LLPs) and certain Scottish partnerships to keep a PSC register, and people who control companies or other relevant entities will be subject to a disclosure requirement.

Around 98.5% of companies have complied with PSC regulations, Companies House confirmed. There are still around 50,000 companies flouting the rules.

People with Significant Control (Amendment) Regulations 2017

People with Significant Control (Amendment) Regulations 2017

The Government enacted the legislation necessary to implement changes required by the Fourth Money Laundering Directive to the UK regime for the disclosure of people with significant control (PSCs). Two sets of amending regulations were made at the last minute, both of which came into force on 26 June 2017.

  • the Information about People with Significant Control (Amendment) Regulations 2017 (SI 2017/693); and
  • the Scottish Partnerships (Register of People with Significant Control) Regulations 2017 (SI 2017/694).

Both sets of regulations were laid before Parliament on 23 June, just three days before they came into force. Continue reading

Changes to PSC registers Transitional Arrangements

Changes to PSC registers Transitional Arrangements  

Under the transitional arrangements set out in the Schedule to the 2017 Regulations, the obligation in s. 790VA to notify changes to Companies House applies to a change to a company’s PSC register made before, on or after 26 June 2016 unless the company has already notified the change in a confirmation statement. Any change to the PSC register made before 26 June 2017 that is notifiable under this rule, must be notified to Companies House before the end of the period of 14 days beginning with 26 June 2017. Continue reading

Changes to PSC Information Filing Requirements

From 26 June details of PSC Information will no longer be updated on the confirmation statement (CS01). Instead, companies will need to inform Companies House on forms PSC01 to PSC09 whenever changes occur. Companies will have a 14-day window in which to update their internal registers and a further 14 days to send the new information to Companies House. Therefore, a maximum filing time of 28 days from the date of the event. Continue reading

Companies House Planned Maintenance

This is to let you know about planned maintenance that will be occurring at Companies House covering the Easter Break between Thursday, 13 April and Tuesday, 18 April.  This will affect most aspects of their online services

Most of their online services will be unavailable from 11:59pm on Thursday 13 April to 7am on Tuesday 18 April.

The essential system maintenance to the online services will affect:

  • WebFiling
  • XML gateway
  • WebCHeck
  • Companies House Direct

This means you won’t be able to file any information online during this period. We will hold all orders in our review files until the system is confirmed to be back up and running on the Tuesday

You should check Companies House Service (CHS) to see if your accounts are due during the planned maintenance. You may need to file earlier than planned.

PSC requirements – What you must do

PEOPLE WITH SIGNIFICANT CONTROL (PSC)

From April 2016

You need to start keeping a record of the people who control your company. There are criminal penalties if you don’t do this.

For most companies these will be individuals who:

  • Hold more than 25% of the company’s shares
  • Hold more than 25% of the company’s voting rights
  • Have the right to appoint or remove the majority of directors

If an individual does not meet the above conditions, check to see if you have anyone who:

  • Has the right to, or actually exercises, significant influence or control over the company

It could also be individual who:

  • Has the right to, or actually exercises, significant influence or control over a trust or company that meets one of the above conditions

There is some more information on how to identify your PSCs:
This is the statutory guidance issued by BIS Continue reading

People of Significant Control (PSC) Update

Incorporation Order Form

PSC’s must be provided upon Incorporation by the company, unless they have reason to believe that they don’t have any PSC’s, which will be rare.

The order form been modified to cater for these changes with the inclusion of: ‘Legal Person’, PSC Officer role and Nature of Control questions. The software suppliers have sought legal advice to ensure that the system complies with the new legislation but we understand that this may not necessarily result in the most practical of a user interface, they have already taken steps to improve the user experience and there will be further updates to the order form throughout July and August.

• You can now preview the form here: http://uat.order.efiling.co.uk/buy/standard/ Continue reading