UK: Covid-19 Update: Changes To Companies House Filing Requirements

On 1 July 2020 Companies House updated its guidance for companies and announced further temporary changes to its filing requirements in accordance with The Companies etc. (Filing Requirements) (Temporary Modifications) Regulations 2020 ("Regulations") which came into force on 27 June 2020.

Companies House had previously reviewed its striking off policies and approach to late filing penalties but the further changes extend deadlines from 27 June 2020 to 5 April 2021 for filing accounts, confirmation statements, event-driven filings and mortgage charges to relieve the filing burdens for companies and allow companies to focus their efforts on continuing to operate.

The Regulations affect public companies, private companies, limited liability partnerships, Societas Europaeas ("SEs"), overseas companies and European Economic Interest Groupings ("EEIGs").

Deadlines for filing Accounts from 27 June 2020 to 5 April 2021

If a company's deadline for filing accounts falls any time from 27 June 2020 to 5 April 2021 (including these dates), then the following extensions to filing accounts will apply:

For example, a PLC has a six month filing period with an accounting reference date of 31 January 2020, previously the filing deadline was 31 July 2020, this has now been extended to 31 October 2020.

Please note that the extensions only apply to your original filing deadline so if you have already had an extension granted by Companies House, the automatic extensions above will not apply.

If you have shortened your company's accounting reference period:

If you are a PLC and you have shortened your company's accounting reference period then your deadline will be extended to the later of:

• the new period of nine months from your accounting reference date; or
• three months from the date of the notice to shorten your accounting reference period.

If you are a private company and you have shortened your company's accounting reference period then your deadline will be extended to the later of:

• the new period of 12 months from your accounting reference date; or
• three months from the date of the notice to shorten your accounting reference period.

If you have extended your company's accounting reference period:

If you have extended your company's accounting reference period then you will be eligible for a legislative extension as set out above if your filing deadline falls on or before 5 April 2021.

If you are due to file your company's first accounts

If you are due to file your company's first accounts and your first accounts cover a period of 12 months or less, and you have not already received an extension, your filing deadline will be extended from:

• Private companies - nine months to 12 months
• Public companies - six months to nine months

If you are due to file your company's first accounts and your first accounts cover a period of more than 12 months, your filing deadline will now be:

• Private companies - 24 months from the date of incorporation or three months from the accounting reference date (whichever is longer).
• Public companies - 21 months from the date of incorporation or three months from the accounting reference date (whichever is longer).

PLCs and SEs

If your filing deadline fell before 30 June 2020 and you had an extension under the Corporate Insolvency and Governance Act 2020, you will not get a further extension but you may be able to apply for an extension using the existing process at Companies House. Please note that Companies House has stated that no extension will be granted where 12 months have already passed since the public company (or SE)'s accounting reference date.

Deadline for filing Confirmation Statements from 27 June 2020 to 5 April 2021

The current 14 day deadline (from the end of your review period) will automatically be extended to 42 days and will apply to:

• Companies
• LLPs
• SEs

This extension applies to the time allowed to file the confirmation statement, it does not alter the review period and so you should not amend the confirmation date on your confirmation statement.

The above changes only apply until 5 April 2021.

Event-Driven Filings from 27 June 2020 to 5 April 2021

Until 5 April 2021, the deadline for filing the following events for companies will increase to 42 days:

Mortgage Charges Filings from 27 June 2020 to 5 April 2021

Provided that an extension has not been already granted by a court, for charges created on or after 6 June 2020, the period allowed to deliver the particulars of a charge to Companies House will automatically increase from 21 days to 31 days for the following:

• Companies
• LLPs
• SEs
• EEIGs

The 31 day period starts the day after the date on which the charge was created.

If the court has already extended the period to deliver the charge then this further extension will not apply. The person delivering the charge should comply with any deadlines provided by the court.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.