1st February 2009
Late Filing Penalties
Section 441 of the Companies Act 2006 requires all companies to deliver annual accounts to the Registrar of Companies by the due date. Section 453 specifies that a civil administration penalty shall be payable if the accounts are delivered late, and provides for the Secretary of State to specify the level of this penalty through regulations.
To increase the effectiveness of the late filing penalties, when section 453 came into force Companies House changed the current schedule of late filing penalties as contained in section 242A of the Companies Act 1985. In parallel, the Government will amend section 242A of the 1985 Act so that these changes also apply to accounts prepared under the 1985 Act but delivered late on or after 1st February 2009 when the updated penalties came into force.
What are late filing penalties?
What changes have been introduced?
What are the new late filing penalties?
In addition where there was a failure to comply with filing requirements in relation to the previous financial year (and that the previous financial year had begun on or after 6th April 2008), the penalty will be double that shown in the table.
When do these new penalties apply?
If my accounts are/were already overdue before the 1 February 2009 will the new penalties apply to me?
How will I know when a penalty is levied?
Do the penalties apply to flat management and dormant companies?
How can I avoid penalties?
Allow enough time to ensure that your accounts reach the Registrar within the period allowed in the Companies Act. First-class post is not guaranteed so if the filing deadline is looming, then please consider guaranteed methods of delivery that will ensure that your accounts arrive on time. Remember: the Registrar will not waive a penalty if your accounts are delayed in the post.
You can now file certain categories of accounts using our Software Filing or WebFiling services using the Companies House website. If you file your accounts electronically you will benefit from an email acknowledging receipt of your accounts.
What will happen if the penalty is not paid?
Did the Late Filing Penalty changes go for public consultation?
Where can I find a copy of the consultation document and the response?
Copies of the regulations are available on the OPSI website at:
14 day concession
Do late filing penalties apply to other documents?
From the 1st October 2009, the Companies Act 2006 introduces a new civil penalty of £200 for failure to comply. The penalty will only trigger if a company receives notice from the Registrar requiring it to deliver a copy of its amended articles and it does not comply within 28 days.
The company would remain liable to criminal proceedings in addition to the £200 civil penalty.
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