Forming a company: Which method is best for you?

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With the internet increasing the options for forming companies, Jennifer Adams considers the pros and cons of the different methods.

At the end of March 2010 2.3m companies were registered with Companies House  - 365,000 having been incorporated during the year to that date. Companies House is trying to reduce the complexity of company formation with a new £18 web incorporation service that requires just basic information.

In his article Companies Act 2006: Formation of a company David Duvall summarised the information, documents etc needed for a company to be incorporated post Companies Act 2006 via use of form IN01. This article covers the different methods of company formation detailing the pros and cons of each.

You can form a company in one of three ways:

  1. Online via the new Companies House/Business Link service
  2. Use a formation agent or
  3. By paper form IN01

Companies House DIY Service

  • Can only be used to create a private company limited by shares that adopts standard Articles
  • Cost = £18 for 2 day service; £30 - same day service;
  • Registration needed with Companies House using an email address and a password.
  • For each company the following information needs to be loaded:
  1. Company name and registered office address. The name must not contain any words considered to be ‘sensitive’ or be the same as an existing name on the register - check this by using Companies House’ WebCHeck’ service. The address must be a physical address (i.e. not a PO Box without a physical location).
  2. Details of at least one director (over 16 years of age):
    •    full name and residential address
    •    service address (can be the same as the registered office)
    •    country/state of residence
    •    nationality, occupation, date of birth and any former names
    •    ‘consent to act’ information – in place of a signature 3 items of personal information are needed from the following : Town of birth, Last 3 digits of telephone number, Last 3 digits of National Insurance number, Last 3 digits of Passport number, Mothers maiden name, Eye Colour, Fathers first name.
  3. Name and address of each initial shareholder, number and class of shares, amount paid on each share, nominal value of the shares, currency, totals; any rights attached to shares (i.e. details of voting, distribution, dividend and any redemption rights)

Pros
● Easy, simple.
● Communication and acknowledgement online - certificate of incorporation and memorandum received within 24 hours (usually overnight). 24 hour service
● Default 2006 model Company Articles

Cons
● No registers, share certificates or company seal - will need to be obtained separately. Company seal is no longer necessary as the company will rely on s46 Companies Act 2006 for documents being ‘executed as a deed this day.... on behalf of... in the presence of...’
● Cannot be used for companies not limited by shares - for example limited by guarantee; LLPs
● Basic advice only available - for example about filing requirements
● Non-standard Articles need to be drafted and submitted separately. Failure to get it right will result in the registration application being rejected by Companies House. Examples and templates can be downloaded from the web, for a cost of around £10+ each, but it must be known that the source is reliable and the text up to date with the recent Companies Act 2006 changes.

Formation agent service
Formation companies used to create companies and then just amend the name and directors details on purchase. With the advent of computers they can undertake the same work as the DIY Companies House service; some for free and then include other ‘benefits’ for additional cost depending upon the type of service purchased. These other ‘benefits’ can include:

  • Advanced name-checking using not only the Companies House service but other company data services
  • Create non-standard Articles
  • Identity theft protection service
  • A readymade registered company with bank account, VAT registration and domain name in place
  • Hard copies of documents
  • A listing of formations agents recommended by members of our sister website AccountingWEB.co.uk is available here.

Pros
● Full documentation including certificate of incorporation, company registers, copies of Articles
● No forms to complete
● Helpline for questions
● Quick - usually about 3 hours
●  Choice of method of receiving documents - email or hard copies
●  An additional service could include the creation of a bank account without have to go through the process of an interview or the presentation of a business plan
●  Experienced in correcting errors
●  Automatic acknowledgement of receipt and process

Cons
● May have to pay for services that are not required or create a company the Articles of which need revision
● Cost

Paper IN01 form

  • 18-page DIY form to complete for all types of company, available from Companies House website (678kb PDF download)
  • Cost = £40 - 8 to10 day service; £100 - same day service
  • Postal submission subject to a first come, first served process at Companies House.

Pros
● Create and submit Articles specific to your company
● Any errors are the creator's

Cons
● Takes approximately a week to process. Any errors require the process to start again
● Need to do your own checks for similar names etc
● Cost
● Need to create own articles - templates can be purchased separately.
● Only receive hard copy documents by post
● If the company requires a bank account this will have to be undertaken separately
● No error-checking mechanism.

About the author
Jennifer Adams FCIS TEP ATT is a freelance writer and author specialising in tax and company secretarial issues; she can be contacted at Abacus Business Solutions. The information contained in this article is intended to provide for general educational use and information only. It is not intended to advise or recommend any particular course of action or opinion. The reader should not act or rely on any information contained therein without seeking independent legal advice.

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