Companies House warning of legal action, how bad is that? please help I am scared

[the_pit]

I have a problem and

 

 

went out of the country for a while,

 

 

on my return I have my company with a proposal of strike off flag,

 

 

so as i wanted to keep operating with the company

I called Companies house and asked what do I need to do.

 

They reply this and I am scared, what are my options please?

 

I still have time to fix this?

 

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I can confirm that the following documents are outstanding:

 

Accounts for year ended 31/07/2013.

 

Annual Return (Form AR01) for period ending 15/07/2014.

 

As the company is required to remain on the register, the proposed strike off action has been discontinued. Failure to file accounts and annual returns within the statutory times allowed is a criminal offence and due to the seriousness of the defaults, we are commencing prosecution action against the directors immediately. Conviction for these offences will result in a criminal record and a fine of up to £5,000 for each document not delivered on time.

 

As these accounts are already late, a civil late filing penalty will automatically be incurred when they are received and accepted at Companies House. The amount of the penalty increases with the length of delay in delivery and is separate to any criminal proceeding being considered against the directors. Failure to comply with the filing requirements of the 2006 Companies Act in consecutive years will result in the penalty being doubled for the current year’s accounts.

 

You may be able to deliver your annual return and certain types of accounts online via our Web Filing service, which has in-built checks to ensure that you get it right first time. Our web-site www.companieshouse.gov.uk gives information on this along with a full range of guidance booklets and forms.

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Thanks a lot.

[king12345]

You have to file the accounts and pay the fines asap if you want to avoid prosecution.

In my experience they are a bit merciless and issue a fine even if you're late a couple of days with the accounts.

There maybe a loophole that others are aware of.

[the_pit]

You have to file the accounts and pay the fines asap if you want to avoid prosecution.

In my experience they are a bit merciless and issue a fine even if you're late a couple of days with the accounts.

There maybe a loophole that others are aware of.

 

I am just back in the uK, I going to start work soon but don't have any money now... I am very depressed... thanks for your answer

[the_pit]

What happens if I am prosecuted? can I still have a normal life, work? because it doesn't say anything about prision.. just a criminal record and penalties.

 

What if I move to Ireland? I have a job opportunity there.. would it be more convenient to not be here ? (not planning to leave that unattended, just doing it from there)

 

Thanks

[AndyOrch]

Thread moved to the appropriate forum.

 

Regards

 

Andy

[ims21]

You won't go to prison for such a conviction but you must take their threat seriously.

 

Your accounts for the year ended 31/7/13 were due at Companies House on 30/4/14. If you filed them between now and 31 October the penalty would be £750. They may allow you to pay this penalty by instalments.

 

Being overseas is not considered a valid or exceptional reason for not filing the accounts on time so there seems very little chance of getting the penalty waived.

 

The letter you have received sounds like a general letter issued by CH prior to them passing it to the prosecuting solicitor who would write to you again.

 

You may be able to avoid prosecution by getting those accounts filed immediately, perhaps even with a letter of apology and a request to pay the penalty over a period of time.

 

From memory you should be able to get 5 months to pay quit easily and exceptionally 10 months.

 

Doing a runner will not help you as they can prosecute in your absence and you will then have a criminal record and a fine to go with it.

 

My advice would be to bite the bullet and get those documents filed today.

 

If you leave the filing until after the end of October the penalty will increase from £750 to £1,500.

[the_pit]

You won't go to prison for such a conviction but you must take their threat seriously.

 

Your accounts for the year ended 31/7/13 were due at Companies House on 30/4/14. If you filed them between now and 31 October the penalty would be £750. They may allow you to pay this penalty by instalments.

 

Being overseas is not considered a valid or exceptional reason for not filing the accounts on time so there seems very little chance of getting the penalty waived.

 

The letter you have received sounds like a general letter issued by CH prior to them passing it to the prosecuting solicitor who would write to you again.

 

You may be able to avoid prosecution by getting those accounts filed immediately, perhaps even with a letter of apology and a request to pay the penalty over a period of time.

 

From memory you should be able to get 5 months to pay quit easily and exceptionally 10 months.

 

Doing a runner will not help you as they can prosecute in your absence and you will then have a criminal record and a fine to go with it.

 

My advice would be to bite the bullet and get those documents filed today.

 

If you leave the filing until after the end of October the penalty will increase from £750 to £1,500.

 

Thanks for your advise, so how do I fill them? I don't know anything about that and don't have and can't pay an accountant now?

[ims21]

So you have a limited liability company but don't know how to file accounts?

 

Is this the first set of accounts for the company then?

 

If not, what have you done in the past?

[the_pit]

So you have a limited liability company but don't know how to file accounts?

 

Is this the first set of accounts for the company then?

 

If not, what have you done in the past?

 

I use to have an accountancy firm taking care of that, but I had some financial issues and couldn't pay them any more

I stopped using the accountants one year ago

[ims21]

Well I don't know how big your company is but if you meet the criteria you can prepare and submit the accounts yourself but they must be in a format which is in accordance with the Companies Act.

 

Have a look here for a start

 

https://www.gov.uk/prepare-file-annual-accounts-for-limited-company/prepare-annual-accounts

 

Alternatively get some qualified accounting advice.

 

If you do nothing not only will you fall foul of Companies House but also more than likely HMRC as well.

[steampowered]

Basic accounts are not complicated - you can find out how to do this online. The annual return is just a matter of filling in a form. If you want to have a company you need to meet the filing requirements.