Elemental CoSec

How do I change my company’s registered office?

by Elemental CoSec January 20, 2013 Law

Providing your company’s articles allow for such a change (it is extremely unlikely that they wouldn’t), your company directors can make the decision to change your registered office address by passing a resolution in a board meeting.   You need to register this change with Companies House. If Companies House approves your application, they will […]

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What is a Process Agent?

by Elemental CoSec January 15, 2013 Business Law

A process agent in the UK is someone who is appointed to accept service of legal proceedings on behalf of their client. Although, in theory, anyone can make use of this service, it is generally used by non-UK companies doing business in the UK to provide a way for the UK party to serve proceedings. Why […]

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Do I need a name plaque outside my registered office?

by Elemental CoSec October 14, 2012 Law

The Companies (Trading Disclosures) Regulations 2008 provide a number of requirements for the display of your company name at your registered office. The most important of these is that your company name must be legible and easily read with the naked eye. The company name must be visible by those who visit the premises. Furthermore, […]

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Why would I need a Shareholders’ agreement to block shareholder decisions?

by Elemental CoSec October 1, 2012 Corporate Law

Shareholders have a very important role in company decision making in terms of making changes to the company’s share capital or to its articles. However, it is only the majority whose vote will succeed. As such, shareholders may want to vary the usual rules of company law. The first instance is shareholders with a minority […]

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Incorporating a UK company

by Elemental CoSec September 6, 2012 Business Law

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). […]

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When is a company dormant?

by Elemental CoSec March 30, 2012 Commercial Law

We recently had a client that wanted to incorporate a UK company which they hoped would be dormant. There are many advantages to being dormant, you can notify that HM Revenue & Customs that the company is dormant and therefore there is no need to file accounts with them (although you do still need to file […]

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What does a company secretary do?

by Elemental CoSec March 8, 2012 Corporate Law

Since the Companies Act 2006, private companies do not need to have a company secretary appointed unless their articles state otherwise (public companies do have to have a company secretary). However, the company secretarial services still need to be performed and the responsibility for this ultimately falls on the directors. Some of these carry criminal […]

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What happens to the assets of a struck off company?

by Elemental CoSec March 2, 2012 Corporate Actions

A company that has ceased trading can be struck off the register under section 1003 Companies Act 2006 or sometimes just by the Register of Companies. Striking off a company in this way formally dissolves the company and it ceases to exist but it is not a liquidation procedure so the assets of the company will not […]

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How do you deal with a trust as a shareholder?

by Elemental CoSec February 21, 2012 Corporate Law

One of the most important responsibilities of a company secretary is to maintain the register of members. The register of members is what determines who the shareholders (or members) of the company are and, hence, who owns the company. In fact, if the register of members is not maintained properly, then a criminal offence is […]

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From Valentine to Corporate Legal Quandries

by Elemental CoSec February 15, 2012 Commercial Law

With Valentine’s Day having just passed us by and people still caught up in the joy of partnership it is perhaps worth casting an eye over the some of the issues around jumping into bed with a partner when it comes to your business. Specifically, some of the corporate legal issues when two or more […]

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