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Companies House prosecutions
We offer specialist defence for directors, officers and businesses facing investigation or prosecution arising from Companies House compliance issues in England and Wales.
We're proactive
We don’t just look after you, we look out for you. That means we bring you insights, advice and keep you up to date on all kinds of legal matters so you can keep ahead.
We’re expert-led
We match a member of the team with the right expertise to every client, who will invest time getting to know you, who will look after your interests and ensure you have access to the whole firm when you need it.
We talk your language
The legal and financial matters might be complex, but we aim to keep things straightforward and explain everything in terms that are relevant to you.
Overview
We provide early strategic advice, robust representation and practical guidance aimed at reducing risk, protecting reputation and achieving the best possible outcome.
What Companies House prosecutions can involve
Companies House enforcement can arise from:
- late or non-filing of annual accounts
- failures to submit confirmation statements
- inaccurate filings
- failures to notify changes to directors or registered office details
- allegations of false or misleading information
Depending on the circumstances, companies and individual directors may face criminal proceedings, fines, reputational damage, strike-off action, and the risk of director disqualification.
Common allegations we can help with
- late filing or non-filing of annual accounts
- failure to file confirmation statements or related statutory documents
- Inaccurate or incomplete filings
- allegations of false or misleading information
- failures to update director, PSC or registered office details
- repeated non-compliance leading to escalation or threatened disqualification
Why early legal advice matters
Early intervention can make a significant difference. Prompt advice may help:
- clarify responsibility
- preserve relevant document
- address filing issues quickly
- improve the prospects of resolving matters before they escalate.
Where proceedings have already begun, early preparation is essential to building the strongest available response and presenting effective mitigation.
Tees Law boasts a team of solicitors with deep expertise in various legal fields. This multi-disciplinary approach allows the firm to provide comprehensive solutions tailored to client needs.
How we can help
We advise from the earliest stage of an enquiry through to court proceedings. Our work may include reviewing the allegation, assessing filing history and responsibility, identifying procedural or evidential weaknesses, preparing representations, engaging with the prosecutor, advising on plea and mitigation where necessary, making representations to avoid director’s disqualification and protecting the wider interests of the business. We understand that these cases often affect reputation, banking relationships and ongoing commercial activity, so our advice is both legally focused and commercially aware.
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Frequently asked questions
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Companies House prosecutions FAQs
Is there any defence?
Prosecutions for failure to file accounts or reports – if a director took all reasonable steps to ensure such accounts or reports were filed, this will constitute a defence to the claim. Companies House will consider whether to withdraw proceedings on the basis of a reasonable steps defence, however, such a defence must be supported by evidence and take into account all circumstances. If Companies House will not withdraw proceedings, then a director will need to enter a plea of guilty or not guilty. A not guilty plea will then be resolved via a contested trial.
Early expert legal advice on whether your actions constitute “all reasonable steps” can help you decide whether or not to contest the hearing, and save time and costs.
Proceedings are usually issued at Cardiff Magistrates Court.
What is the likely sentence?
The usual penalty is a fine (there is no power to imprison), however it is a criminal conviction and for many directors who have a clean record, the conviction has a greater impact that the fine. In addition, under Sections 3 and 5 of the company directors disqualification Act 1986, a director can also be disqualified from acting as a director for: (Section 3) Persistent breaches of companies legislation; or (Section 5) Where s/he has been subject to a summary conviction. More commonly, a magistrate will in his/her discretion disqualify a director under Section 5 (as no application is required to be made by the registrar of companies in this respect) where it can be shown that the director has persistently breached certain provisions of any of the Companies Act legislation. Representations can be made a court in an effort to avoid disqualification.
How long is the disqualification?
There is no minimum period of disqualification under this section, but neither is there any requirement for the court to make a finding as to whether it is in the public interest for such a disqualification order to be made. A director can be disqualified in the magistrates’ court under either of these sections for a maximum period of five years. The disqualification order will prevent a director from being registered as a director, acting in the management of any company or in any way acting in the promotion, formation or management of any company. Breaching a disqualification order can lead to significant penalties including criminal prosecution and a maximum period of 2 years imprisonment. Civil proceedings can also be instituted against a director who breaches a disqualification order, making them personally liable for the debts of the company they acted as director for whilst disqualified.
What if I ignore the summons?
You are likely to be found guilty in your absence, and the case will be adjourned for sentencing where the issue of disqualification, along with the calculation of the fine will be considered.
