Reply to: Annual return and online filing - SJD

[SueEllen]

There was, but I don't think it's actually on the statute books yet - it might be next April that it comes in.

http://www.companieshouse.gov.uk/companiesAct/faq.shtml

You are right after 6th April 2008 you won't need a secretary.

[TheFaQQer]

Did I read somewhere that under the proposed new Companies ACT (or amendment to the old ones!) there was talk of dispensing with the requirement of a Company Secretary. You could still have one if you wanted though.

If true, there goes an additional fee for accountants!

There was, but I don't think it's actually on the statute books yet - it might be next April that it comes in.

[Robot]

Did I read somewhere that under the proposed new Companies ACT (or amendment to the old ones!) there was talk of dispensing with the requirement of a Company Secretary. You could still have one if you wanted though.

If true, there goes an additional fee for accountants!

[THEPUMA]

Providing company secretarial services doesn't amount to being involved with a company unless it went beyond the basic corporate service offered by almost all accountants.

See http://www.hmrc.gov.uk/employment-st...nce-july07.pdf

"Indicators of services that would constitute being involved in all circumstances:

...
Being the company secretary of client companies."

[Moscow Mule]

Well Simon, I know you're here occasionally, care to comment on this one?

Providing company secretarial services doesn't amount to being involved with a company unless it went beyond the basic corporate service offered by almost all accountants.

I've had a look at this, and I think it depends on what you do. Cheers for the speedy response.

http://www.qdosconsulting.com/qdosma...e=vknstnpr4btq

[Darren@UptonAccountants]

Co Sec

We provide this service to many of our clients on request, not just contractors but other industries as well. Many firms have been doing this for years, doesn't necesarily put them in the MSC category......it's a name only service to satisfy the requirements of the Companies Act and with no real running of the business on a day to day basis.

[simondolan]

Well Simon, I know you're here occasionally, care to comment on this one?

Providing company secretarial services doesn't amount to being involved with a company unless it went beyond the basic corporate service offered by almost all accountants.

[Moscow Mule]

Moscow Mule

It doesn't really make any difference what they have done for you. If they have acted as your company secretary then according to HMRC guidance they are "involved" with you. If SJD are an MSC Provider then those 2 facts alone are sufficient to bring you within the MSC legislation.

The fact that you could have chosen anyone else to provide the service is also irrelevant in this case.

Speak to SJD direct but if I were you I would appoint a new company secretary quick smart.

Well Simon, I know you're here occasionally, care to comment on this one?

[VectraMan]

I have been told by a lawyer friend that firms of accountants set up the company secretaries to be separate legal entities, so while they sound like they are part of the accountancy firm they are not.

That's true of the accountant I use as company secretary and who created the company for me (but who are not the accountant that advises me).

[THEPUMA]

I set the company up and then appointed SJD as the accountants, so they haven't provided the whole service.

I could have used anybody else offering the same service but chose not to. I appreciate the warning, but I'm not overly worried.

Moscow Mule

It doesn't really make any difference what they have done for you. If they have acted as your company secretary then according to HMRC guidance they are "involved" with you. If SJD are an MSC Provider then those 2 facts alone are sufficient to bring you within the MSC legislation.

The fact that you could have chosen anyone else to provide the service is also irrelevant in this case.

Speak to SJD direct but if I were you I would appoint a new company secretary quick smart.

[Moscow Mule]

Moscow Mule you ought to be very wary of allowing SJD to be your company secretary. HMRC's guidance on MSCs states that acting as company secretary constitutes an MSC provider being involved with its client so if SJD is an MSC Provider, then you would be caught by the MSC legislation.

Whether or not SJD is an MSC Provider is debatable but on the balance of probabilities I would say most firms of accountants are.

I set the company up and then appointed SJD as the accountants, so they haven't provided the whole service.

I could have used anybody else offering the same service but chose not to. I appreciate the warning, but I'm not overly worried.

[Shu]

Thanks for the responses (well, most of them anyway). You're right, £15 is hardly worth dying in a ditch over! Annual Return form received from Companies House today and as per the comments it is an extremely simple form to complete. Done and dusted, query closed.

[OrangeHopper]

Online they actually show you the current info and you only have to make the appropriate changes or simply OK it. Sorting out paying the £15 takes longer.

[SueEllen]

Moscow Mule you ought to be very wary of allowing SJD to be your company secretary. HMRC's guidance on MSCs states that acting as company secretary constitutes an MSC provider being involved with its client so if SJD is an MSC Provider, then you would be caught by the MSC legislation.

Whether or not SJD is an MSC Provider is debatable but on the balance of probabilities I would say most firms of accountants are.

I have been told by a lawyer friend that firms of accountants set up the company secretaries to be separate legal entities, so while they sound like they are part of the accountancy firm they are not.

[THEPUMA]

Pay them £95 a year (in addition to the accountancy fees) and they will be your company secretary.

Moscow Mule you ought to be very wary of allowing SJD to be your company secretary. HMRC's guidance on MSCs states that acting as company secretary constitutes an MSC provider being involved with its client so if SJD is an MSC Provider, then you would be caught by the MSC legislation.

Whether or not SJD is an MSC Provider is debatable but on the balance of probabilities I would say most firms of accountants are.