The Companies (Fees) Regulations 2004

• Citation: S.I. 2004/2621
• Sections: 40

Section 1 Citation and commencement

These Regulations may be cited as the Companies (Fees) Regulations 2004 and shall come into force on 1st February 2005.

Section 2 Interpretation

In these Regulations—

“the 1985 Act ” means the Companies Act 1985 and in Schedule 4 any reference to a Part, Chapter, numbered section or Schedule is a reference to a Part, Chapter, or section of or Schedule to that Act;

“company” includes an oversea company except in relation to entries 1,2,3,5,10 and 24 in Schedule 4;

“company report” means a report containing the information relating to a company set out in Schedule 1 in so far as recorded by the registrar in records kept by her for the purposes of the 1985 Act;

“delivery of accounts” means in relation to an oversea company—

delivery to the registrar by the company of copy accounts and reports under section 702 of the 1985 Act; or

delivery to the registrar by the company of accounting documents under Schedule 21C or 21D to the 1985 Act ;

“document package” means one of the sets of copies of documents relating to a company (in so far as such documents are delivered to the registrar by the company) as described in one of the paragraphs in Schedule 2 and with the maximum number of documents in each package being as specified in Schedule 4, with the documents in the package being primarily determinable in reverse order of the dates of delivery to the registrar;

“electronic information service” means a service by which information is accessed by the applicant in Hyper Text Markup Language using a website of the registrar with no requirement for the applicant to deliver an access code;

“electronic subscription service” means a service by which information is accessed by the applicant in Hyper Text Markup Language using a website of the registrar by delivering a non-encrypted access code;

“index” means one of the following indexes kept by the registrar—

the index of company and corporate names and numbers;

the index of company charges;

“long list of members” means a list of members delivered to the registrar under section 363 of the 1985 Act which—

is delivered to the registrar by means of microfiche or magnetic tape; or

exceeds 49 pages;

“oversea company” includes in relation to entry 6 in Schedule 4 any institution to which section 699A of the 1985 Act applies;

“relevant document” means in relation to entries 5 and 6 in Schedule 4, a document which a company is required to deliver to the registrar under any provisions of the 1985 Act, other than a document in relation to the delivery of which a fee is specified in any other entry in Schedule 4;

“relevant period” means one of the following periods—

in relation to a company which is not an oversea company—

the period beginning with its incorporation and ending immediately after the delivery to the registrar of its first annual return; or

a period beginning immediately after delivery to the registrar of an annual return and ending immediately after delivery to the registrar of the next annual return;

in relation to an oversea company—

the period beginning with the registration of the documents required to be delivered to the registrar by section 691 of the 1985 Act or of particulars required to be delivered to the registrar by paragraph 1 of Schedule 21A to the 1985 Act and ending immediately after the first delivery to the registrar of its accounts; or

a period beginning immediately after a delivery of accounts to the registrar and ending immediately after delivery to the registrar of the next accounts;

“same day” means, in relation to a registration, re-registration or provision of a certificate or certified copy, any such matter in relation to which—

a request for same day registration, re-registration or provision of a certificate or certified copy (as the case may be) and all documents required to be delivered to the registrar in connection therewith, are received by the registrar—

in the case of a request for provision of a certificate or a certified copy, before 2.00 pm on the day in question, or

in other cases, before 3.00pm on that day, and

the registration or re-registration (where requisite) is completed and the appropriate certificate or certified copy is issued to the applicant on that day;

“searchroom terminal” means a computer terminal operated by the applicant at an office of the registrar.

Section 3 Revocations

(1) The Regulations listed in Schedule 3 are revoked, subject to paragraph (2).

(2) The fee prescribed in relation to entry 2 in the Schedule to the Companies (Fees) Regulations 1991 applies to the delivery of an annual return—

(a) in relation to which the return date is earlier than 1st February 2005; or

(b) which is delivered before 1st February 2005.

Section 4 Fees payable to the registrar

(1) Subject to paragraph (2), the fees set out in the second column of Schedule 4 shall be the fees payable in respect of the performance by the registrar of her functions in relation to the matters specified in the first column of that Schedule and shall be payable—

(a) in relation to entries 5,6 and 22 in Schedule 4, as stated in those entries;

(b) in relation to all other matters, on the performance by the registrar of the relevant function.

(2) The fee prescribed in relation to entry 22 in Schedule 4 is not payable in respect of any month for which the applicant pays a fee to the registrar for an electronic subscription service under Regulations providing for fees in respect of functions of the registrar in relation to limited liability partnerships or of the Department of Trade and Industry in relation to European Economic Interest Groupings.

Section 5 Application of fees

The fees prescribed by regulation 4 apply—

(a) in relation to entries 1 to 4 (inclusive) and 6 to 10 (inclusive) in Schedule 4, to any matter in respect of which every document necessary for the registrar to carry out her functions in respect of that matter is delivered to her on or after 1st February 2005;

(b) in relation to entry 5 in that Schedule, to the delivery of any annual return—

(i) in relation to which the return date is on or after 1st February 2005, and

(ii) which is delivered on or after 1st February 2005;

(c) in relation to entries 11 to 21 (inclusive) and 23 and 24 in that Schedule, to any matter in respect of which a request is received by the registrar on or after 1st February 2005;

(d) in relation to entry 22 in that Schedule, in respect of February 2005 and any subsequent months.

Section 1 Companies register information

Information relating to the company including its registered number, its date of incorporation, its name and the number of registered charges.

Section 2 Companies register information

Any previous names.

Section 3 Companies register information

A list of dates including those relating to latest annual accounts and annual returns and dates for the next such documents to be delivered to the registrar.

Section 4 Appointments and charges

At the option of the applicant, either or both of the following sets of particulars—

(a) particulars of the directors and secretary of the company;

(b) particulars of charges registered in respect of the company;

except that an applicant using electronic information service can not elect to have only the particulars under (b).

Section 5 Recent filing history

List of documents delivered to the registrar during the previous 18 months up to a maximum of 100 documents listed in the reverse order of the dates of delivery excluding returns of allotments unless requested by the applicant.

Section 1 General Package

Incorporation documents and name changes documents

Resolutions and memorandum and articles of association

Any documents relating to strike-off

Latest annual accounts and notices specifying accounting reference date or extending the period allowed for laying and delivering accounts and reports

Latest annual return

Notification of change among directors or in secretary or their particulars and changes in registered office in each case since the date to which the latest annual return was made up

(at the option of the applicant) Returns of allotments of shares delivered to the registrar since the date to which the latest annual return giving full particulars of the members is made up

(long list of members not available)

Section 2 Current Package

Latest annual accounts and notices specifying accounting reference date or extending the period allowed for laying and delivering accounts and reports

Latest annual return

Notification of change among directors or in secretary or their particulars and changes in registered office in each case since the date to which the latest annual return was made up

Any documents relating to strike-off

(at the option of the applicant) Returns of allotments of shares delivered to the registrar since the date to which the latest annual return giving full particulars of the members is made up

(long list of members not available)

Section 3 Charges Package

Charge related documents since incorporation

The company report containing the particulars in paragraph 4(b) of Schedule 1 but not the particulars in paragraph 4(a) of that Schedule

Section 4 Charges Package

Insolvency Package

Company Voluntary Arrangements, Administration, Receivership, Winding Up, Dissolution and strike-off related documents delivered to the registrar since April 1995

Section 5 Accounts Package

Annual accounts and notices specifying accounting reference date or extending the period allowed for laying and delivering accounts and reports delivered to the registrar over the previous 5 years

The company report

Section 6 Package of documents delivered in a calendar year selected by the applicant

Documents delivered to the registrar by the company in a calendar year selected by the applicant (not available for years prior to 2003)

Section 1

Registration of a company on formation under Chapter I of Part I—

Section 2

Registration of a company under Chapter II of Part XXII

Section 3

Re-registration of a company under Part II—

Section 4

Registration of documents required to be delivered to the registrar by section 691 in respect of the establishment of a place of business in Great Britain, or of particulars required to be delivered to the registrar by paragraph 1 of Schedule 21A in respect of an oversea company having opened a branch in a part of Great Britain

Section 5

Delivery by a company of all relevant documents during a relevant period, payable on delivery by the company of its annual return under section 363 at the end of that period—

Section 6

Delivery by an oversea company of all relevant documents during a relevant period, payable on delivery of accounts by the company at the end of that period

Section 7

Registration of a change of name under section 28 (other than a change made in response to a direction of the Secretary of State under section 28(2))—

Section 8

Registration of particulars of—

Section 9

Registration of a charge under Part XII

Section 10

Application by a private company under section 652A to strike the company’s name off the register

Section 11

Provision of a copy of an index page delivered by email or fax or on paper delivered by post or at an office of the registrar

Section 12

Provision of particulars of the directors and secretary of a company, particulars of charges registered in respect of a company, or particulars of directorships held by a named person—

Section 13

Provision of a company report—

Section 14

Provision of a copy of the register of charges with respect to a company

Section 15

Inspection or provision of a copy of a document (other than a long list of members)—

Section 16

Printing a screen of information using searchroom terminal or a page printed from microfiche by the applicant at an office of the registrar where in either case no fee is chargeable for inspecting that information

Section 17

Provision of a document package of up to 25 documents requested at an office of the registrar or using a searchroom terminal and delivered on paper at that office of the registrar

Section 18

Provision of a document package of up to 50 documents requested using electronic subscription service—

Section 19

Provision of a copy of a long list of members—

Section 20

Inspection and provision of a copy of an original document delivered to the registrar in legible form, when the record of the contents kept by the registrar is illegible or unavailable—

Section 21

Provision of a microfiche copy of documents relating to a company (other than long list of members) received by the registrar up to and including 31st December 2002

Section 22

Fee for electronic subscription service, for each calendar month payable in arrears at the end of that month

Section 23

Provision of a certified copy of a document or extract from a document provided pursuant to section 709(1)(b) —

Section 24

Certificate of incorporation provided pursuant to section 710 —