There are a number of procedures required for UK company formation. Under the Companies Act 2006, the company name must be provided. This must not conflict with an existing name on the register, be offensive or contain a word which implies a connection with the government (unless this is approved by the Secretary of State). Companies must also be careful their chosen name is not too like another found n he register otherwise this name may have to be changed by order of the Secretary of State. It is therefore advised that the companies register is checked thoroughly before filing an incorporation application.
Under section 9 of the Companies Act 2006, a number of documents are also required to be sent, alongside the information above (and the registration fee), to the Registrar of Companies. These are:
- The Articles of Association
- Form IN01
- Memorandum of Association
The Articles of Association is the most important part of the incorporation procedure and will often be referred back to during the lifespan of the company. The articles set out the rules for running the company’s affairs. If a company does not provide its articles, the ‘Model Articles’ will be used for the registration process.
Form IN01 contains the address of the registered office which is required to be in the country of incorporation. This does not have to be the same as the trading address of the company. The Form also contains the Statement of Compliance that the requirements of the Companies Act have been complied with.
The Memorandum of Association, although not as important as it used to be, is still required as it contains the names and signatures of those who form the company. If the company is form done on the basis of share, it sets out that those contained in the Memorandum have at least one share.
Elemental Cosec are experts in their field at providing UK company secretarial services. If you require any help regarding the UK company formation, please get in touch with them.
This article is provided for information purposes only and is of a general nature. Specific advice should always be obtained if you are in any doubt as to your legal responsibilities and no liability is accepted with respect to this article.