Companies Act 2006 Informal Correction

Implemented on 1st October 2009

Informal Correction

Informal Correction Guidance

Notice of Consent

Proforma for giving instructions

Change of details

Notice of Withdrawal of Consent

Informal Correction

On 1 October 2009, section 1075 of the Companies Act 2006 comes into force. This is a new provision which gives the registrar the power to correct a document which appears to be incomplete or internally inconsistent before registering it.

People who wish to take advantage of this provision must first agree to be contacted and to give the registrar whatever instructions are needed to correct the document.

An incomplete document will have information missing from it that the registrar can insert once he has made enquiries of and received instructions from the company or the person who delivered the document.

An internally inconsistent document is where information contained within the document is inconsistent. The registrar may ask the person who is authorised to give the appropriate instructions.

The registrar must be satisfied that the person giving instructions is authorised to do so. This will involve applying to the registrar for an authorisation code. Further information on how to apply for an authorisation code is given in question 4.

Once the registrar has corrected the document, he will treat it as having been delivered when he made the correction.

1.. Will informal correction be applied to all filings?

No. From 1 October 2009 informal correction will only be implemented in respect of the registration of mortgages and charges.

It will apply to all companies, limited liability partnerships and overseas companies who are registered at Companies House and who have the necessary authority to give instructions.

For a full list of documents to which informal correction applies, please see the table below.

Document Number	Document Name	What on the document can be informally corrected?
MG01 LL MG01	Particulars of a mortgage or charge. Particulars of a mortgage or charge created by a Limited Liability Partnership (LLP)	date of creation description amount secured mortgagee(s) or person(s) entitled to the charge short particulars of the property mortgaged or charged
MG01s LL MG01s OS MG01	Particulars of a charge created by a company registered in Scotland Particulars of a charge created by a Limited Liability Partnership (LLP) registered in Scotland Particulars of a mortgage or charge by an overseas company	date of creation description amount secured mortgagee(s) or person(s) entitled to the charge short particulars of the property mortgaged or charged the statement, in the case of a floating charge, as to any restrictions on power to grant further securities and any ranking provision.
MG06 LL MG06 MG06s LL MG06s	Particulars of a charge subject to which property has been acquired Particulars of a charge subject to which property has been acquired by a Limited Liability Partnership (LLP) Particulars of a charge subject to which property has been acquired by a company registered in Scotland. Particulars of a charge subject to which property has been acquired by a Limited Liability Partnership (LLP) registered in Scotland	date of the instrument description date of acquisition of the property which is subject to the charge amount secured mortgagee(s) or person(s) entitled to the charge short particulars of all the property mortgaged or charged
MG07 LL MG07	Particulars for the registration of a charge to secure a series of debentures Particulars for the registration of a charge to secure a series of debentures by a Limited Liability Partnership (LLP)	date of covering deed total amount secured by the series date of present issue amount of present issue date of resolution authorising the issue name of the trustees general description of the property charged
MG07s LL MG07s OS MG04	Particulars for the registration of a charge to secure a series of debentures by a company registered in Scotland. Particulars for the registration of a charge to secure a series of debentures by a Limited Liability Partnership (LLP) registered in Scotland Particulars for the registration of a charge to secure a series of debentures for an overseas company	date of covering deed total amount secured by the series date of present issue amount of present issue date of resolution authorising the issue name of the trustees general description of the property charged the statement, in the case of a floating charge as to any restrictions on power to grant further securities and any ranking provision.
MG09 LL MG09	Certificate of registration of a charge comprising property situated in another UK jurisdiction. Certificate of registration of a charge comprising property situated in another UK jurisdiction by a Limited Liability Partnership (LLP)	date and parties to the charge date charge presented jurisdiction in which the charge was presented

2. Are there any exceptions?

Yes, even if the charge document is one of those listed above, informal correction will not apply in the following instances;

if the company or LLP name or number is absent or incorrect on the charge document;
if the charge document has not been signed; and/ or
the instrument accompanying the form is incorrect or incomplete in any way.

In such circumstances, the charge form and instrument will be returned to you by post.

3. Why is informal correction only being applied in respect of the registration of mortgages and charges?

This is because there are statutory time constraints on the delivery of mortgages and charges for registration and we consider that the informal correction power will initially be most useful in respect of them.

4. How do I sign up to informal correction?

You can download an informal correction notice of consent (Word 25Kb). The notice of consent requires you to give a single contact name, postal address and email address for your company or organisation.

Please note: you can only submit one notice of consent on behalf of your company or organisation.

Once we have received your correctly completed notice of consent, we will register your contact details and issue you with a unique authorisation code. The authorisation code will be sent by first class post to the contact address specified in your consent notice. When you have received the authorisation code from Companies House, you will have the authority to give instructions for informal correction. Please ensure that when you respond to any enquiry from the registrar relating to informal correction, you include the authorisation code.

5. What happens next?

When the registrar receives a document which qualifies for informal correction (i.e. it is one of the documents listed in the table above and certain information appears to be incomplete or inconsistent) he will send an email to the contact address specified in your consent notice, requesting that you give instructions so the registrar can correct the error or omission.

Please note: you need ensure that the email contact address you give in your consent notice is effective and regularly monitored. Companies House will not send further emails or initiate further contact if a contact email address is ineffective. It is your responsibility to maintain an email account in the name supplied to Companies House.

To give instructions, you will need to download and complete a pro-forma (Word 25Kb) document from the Companies House website. The email from the registrar will state what is incomplete or internally inconsistent and you will need to give specific instructions on the pro- forma to allow him to rectify the error or omission.

The pro- forma must be completed in Microsoft Word or Microsoft Notepad and must be attached to your email to the registrar. The email address to send your instructions will depend on which country the company or LLP is registered.

For companies, overseas companies and LLPs registered in England and Wales, please send your instructions to mortgageamendsEW@companieshouse.gov.uk
For companies, overseas companies and LLPs registered in Scotland, please send your instructions to mortgageamendsSC@companieshouse.gov.uk
For companies, overseas companies and LLPs registered in Northern Ireland, please send your instructions to mortgageamendsNI@companieshouse.gov.uk

Please ensure that the pro-forma is delivered to the Registrar within the statutory time limit (see question 7 for more information on the statutory time limit).

Once we have received your completed pro-forma and it satisfies the enquiry, we will register the charge document. Please note: the pro-forma will be printed, attached to the charge document and placed on the public record.

6. Can anyone complete a notice of consent and give instructions?

No, instructions can only be given by the company or by the person who delivered the charge.

7. Is there any timescale for the delivery of the instructions?

Yes. You must deliver correct instructions to the registrar by 12 noon on the last working day for registering the charge. Where the statutory time limit for registering a charge expires on a non-working day (e.g. a weekend or bank holiday) instructions for informal correction MUST be received no later than 12 noon on the last working day before the expiry of the statutory time limit. So, if the statutory time limit expires on a Saturday or Sunday, instructions must be received by 12 noon on the preceding Friday.

8. Will Companies House ring me when the 21 day deadline is approaching?

No, Companies House will only contact you once by email to inform you that the information is internally inconsistent or incomplete. It is your responsibility to deliver correct instructions within the time allowed. If you do not meet the required deadline, the documents will be returned to you by post.

9. What if I haven’t signed up to informal correction and a charge document I deliver is incomplete or inconsistent?

In the event of your charge document being incomplete or inconsistent, Companies House will return your documents by post and enclose a notice of consent (Word 25Kb), inviting you to sign up to informal correction in the future.

10. What if my contact details change?

If your contact details change, please download a change of details for informal correction (Word 26Kb) form. You need to send the completed form to Companies House, together with your valid authorisation code.

11. What if I have signed up to informal correction but no longer wish to give instructions?

If you wish to withdraw your consent to instructions being given, please download and complete a notice of the withdrawal of consent (Word 25Kb). You need to send the completed form to Companies House, together with your valid authorisation code.