Confirmation Statement Guidance

Please see some guidance, below, from our Policy Advisors on Confirmation Statements.

thanks

Nigel Preece

Legislation only allows a single confirmation statement to be made for a confirmation period, so we cannot accept more than one confirmation statement with the same confirmation date.

The legislation also requires that a company provides the registrar with a copy of the information that is contained in their PSC register. This includes any changes that have been made in the confirmation period.

CH systems have been built to start recording PSC information from 30/6/2016.

CH systems allow us to collect data electronically for notifications, changes and cessations of the same PSC within a single confirmation statement if the PSC is an individual, another registrable person or a relevant legal entity.

Unfortunately, for the 7 PSC statements which can be submitted as an alternative to these details, we are unable to process these electronically if the statement is both ’notified’ and ‘ended’ on one confirmation statement.

If you need to make a confirmation statement in which a PSC statement is both ‘notified’ and ‘ended’, the correct way to do this is to file a single confirmation statement on paper, showing of these changes.

For example, a company needs to file a confirmation statement for a period ending on 30/11/2016. The following information has been entered into their PSC register during the conformation period:

a) 10/04/16 – Company level statement entered into the company’s PSC register to show that they are investigating who their PSC(s) are

b) 08/05/16 – Company level statement entered into the company’s PSC register to show that they have concluded their investigation and determined who their PSC is

c) 08/05/16 – PSC information for Mr John Jones entered into the company’s PSC register

d) 09/08/16 – Mr John Jones stops being the company’s PSC and this is ‘ended’ in the company’s PSC register

e) 09/08/16 – PSC information for Ms Sally Smith entered into the company’s PSC register

The company is required to deliver this information alongside their next confirmation statement, and should correctly show this in a single filing. CH software filing systems do not allow company level statements to be commenced and ended in the same statement. This means that items a) and b) in the above list cannot both be shown in the same electronically filed confirmation statement. Therefore, the correct way for this company to file their confirmation statement is by using the paper form, as this method will allow them to show all the changes that have occurred during a period.

Example 2, a company needs to file a confirmation statement for a period ending on 30/06/2016. The following information has been entered into their PSC register during the conformation period:

a) 06/04/16 – PSC information for Mr John Jones entered into the company’s PSC register

b) 06/04/16 – PSC information for Mr Fred Smith entered into the company’s PSC register

c) 10/05/16 – Mr John Jones stops being the company’s PSC and this in entered into the company’s PSC register

d) 15/05/16 – PSC information for Ms Sally Smith entered into the company’s PSC register

The company is required to deliver this information in their first confirmation statement, and should correctly show this in a single filing. CH software filing systems will allow this as there are no PSC statements that are both ‘notified’ and ‘ended’.

Companies House will look at identifying a resolution to the issue of 'notified’ and ‘ended’ within the same confirmation statement being submitted electronically, but this will not be possible until after the implementation of the legal changes of SBEE on 30th June.

If, after filing their confirmation statement, the company becomes aware that the information provided alongside it was incorrect, they may need to make a second filing, to provide the correct information to the registrar. The correct way to do this is to file a copy of form RP04 on paper, alongside the part of the confirmation statement that contains incorrect information. (For instance, Part 2 should be completed if the statement of capital was incorrect, whereas Part 5 should be completed if the PSC information was incorrect.) Only the incorrect information should be amended; the other information given on the form should be the same as was shown on the original filing.

When making a second filing, only form RP04 and the part(s) of the CS01 form which contain the corrected information, should be sent to CH. Companies should not send the front page of the CS01 form (which contains the wording of the confirmation statement itself) or any other part(s) of form CS01 which have not been corrected.

According to the above post, Companies House will not be able to handle electronic filing of forms CS01 where a company register statement (for example ‘…taking reasonable steps…’ has both come to apply and subsequently ceased to apply within the period from the 6th April until the date of the confirmation statement, sometime after 29th June.

This could be an extremely common scenario, possibly that of a majority of companies. The only work around appears to be to file a paper CS01. Given this situation, does Companies House still intend to charge £40 for paper filing a CS01 as opposed to the £13 for electronic?

A follow on question. If a company has to file one or more CS01 forms on paper during a given charging period, because the above issue with the Companies House system, or for some other reason, and it also files one or more CS01 electronically during the same period, will the £13 or £40 fee apply?

Companies House fees are set on the basis of recovering the cost for each service. The paper Confirmation Statement fee has been set in regulations at £40, and that fee will be required with any paper Confirmation Statement.

I should add that the confirmation statement is more flexible than the annual return, in that it is possible to file more than one in a payment period and only pay once. With confirmation statement you pay once for a payment period (year) with the first confirmation statement you file, then you can submit as many as you like for the rest of that period free of charge. You cannot submit more than one with the same confirmation date but you can submit as many as you like for that payment period.

Hi how does this work if I firstly file an electronic CS01 and pay £13. During the same payment period I then file a paper CS01. Is this covered by my first payment of £13?

Hi Sarah,

Yes - the fee is triggered by the first confirmation statement you file in a payment period. So if the first one you file is electronic, you will pay a £13 fee and that will cover you for that payment period.

Given the situation I mentioned above…

…would it not be fairer to adopt a policy that a company’s first CS01 will be charged at £13, whether filed on paper or electronically, untill the issue has been fixed at Companies House?

Hi @npreece

Where you say, “Companies House will look at identifying a resolution to the issue of 'notified’ and ‘ended’ within the same confirmation statement being submitted electronically, but this will not be possible until after the implementation of the legal changes of SBEE on 30th June.”

Now that the 30th June has passed, what can we expect to happen with regard to those wanting to report Company level PSC Statements that are 'notified’ and ‘ended’ within the same confirmation statement being submitted electronically? Do Companies House plan to resolve this and is there an ETA for a resolution that software providers can also work to?

We are looking at possible options and will let people know as soon as we can.

Hi @npreece

Is there an answer yet to the question from @PJ_O_Neill

Now that the 30th June has passed, what can we expect to happen with regard to those wanting to report Company level PSC Statements that are 'notified’ and ‘ended’ within the same confirmation statement being submitted electronically? Do Companies House plan to resolve this and is there an ETA for a resolution that software providers can also work to?

We have users with companies in this situation now. I am loathe to tell them they must file on paper, not least because it will be their first CS01 for the period and according to responses elsewhere they will have to pay £40 instead of £13 for the privilege. Their situation is almost exactly as described in the first post to the thred here: Expected information to be submitted for Confirmation Statement PSC sections

That is to say…

Statement Notification (Company Level) for “STEPS_TO_FIND_PSC_NOT_YET_COMPLETED”
Statement Withdrawal (Company Level) for “STEPS_TO_FIND_PSC_NOT_YET_COMPLETED”
Statement Notification (PSC Level) for “PSC_DETAILS_NOT_CONFIRMED”
Statement Withdrawal (PSC Level) for “PSC_DETAILS_NOT_CONFIRMED”
PSC Notification for Joe Bloggs

Hi @DougM . Did you get an answer to your question?

Our developers are looking at a possible solution and this will be replied to ASAP. Sorry for the delay

Hi @PJ_O_Neill, @chirst beat me to it. Seems a fix is still on the cards.