Are there costs or penalties?

Yes. The Treasury Solicitor, whose costs are normally met by the claimant(s), will represent the Registrar. In addition the company must normally pay any statutory penalties for late filing of accounts delivered to the Registrar outside the period allowed by the Companies Act 2006. The penalties that may be due are:

  • Unpaid penalties outstanding on accounts delivered late before the company was dissolved; and
  • Penalties due for accounts delivered on restoration, if these accounts were overdue at the date the company was dissolved.

The level of any late filing penalty depends on how late the accounts are when the Registrar receives them.

In the case of accounts delivered on restoration, the period during which the company was dissolved is disregarded.

Length of delay (measured from the
date the accounts are due)
Penalty:
Private company
Penalty:
Public company
Not more than 1 month£150£750
More than 1 month but not more than 3 months£375£1,500
More than 3 months but not more than 6 months£750£3,000
More than 6 months£1,500£7,500

For example a private company's set of acceptable accounts for the accounting period ending 30 September 2009 would need to be delivered by 30 June 2010 to avoid a late filing penalty. If they were not delivered to Companies House until 15 July 2010 the company will incur a late filing penalty of £150.

The penalties will be doubled if a company files its accounts late in two successive financial years beginning on or after 6 April 2008. So, if a private company has an accounting reference date of 30 September and the accounts for the period ending 30 September 2009 were delivered up to one month late, and the accounts for the period ending 30 September 2010 were delivered up to one month late, then there would be a £300 late filing penalty in respect of the 2010 accounts.

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