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Article Index
How to Create a Company in UK
Company Structure
Shares and Capital
Forming the Company
Conclusion

Company Directors 

In a public limited company (PLC), there must be a minimum of two directors and a secretary on the board while a private limited company is only required to have one director and one secretary. In most cases, anyone can be appointed as the director for a company, regardless of their nationality or where they live. For companies that are Welsh or English, there are no minimum age requirements, however if you are planning on having a youth as a director on the board, it is advisable that you select a solicitor to help you. The youth must also be able to act on their own and accept the position with knowledge. 

There are a few reasons why one can not be a director, such as:
  • They are not discharged from a bankruptcy
  • They are disqualified by a court order
  • They are a foreign national that is subject to restrictions imposed by the federal government of the United Kingdom.

 In Scotland, anyone under the age of 16 years old can not be a director of a PLC, as according to the Age of Legal Capacity (Scotland) Act 1991, a child under the age of 16 does not have legal capacity to accept the director position. For more information on the legal capacity of youth as directors contact the Companies House, Edinburgh. 

There are also some restrictions for people who are not of British nationality and the restrictions placed on them for the work they can do while in the UK. To find out more about these restrictions imposed on foreign nationals, contact: 

Home Office Immigration and Nationality Department

Lunar House
Wellesley Road,
CroydonCR9 2BY

Telephone: 0870 606 7766

Secretaries 

The secretary of a public limited company must be a person that has full knowledge and ability to fulfill the functions of the position for the board of directors. The secretary of a public limited company must also have:

 

  • Held the position of secretary, deputy or assistant secretary as of Dec. 22, 1980, or,
  • Held the office of secretary for a non-private company for three of the five years before their current appointment.
  • Be a barrister, solicitor or advocate in any part of the United Kingdom, or,
  • Is a person who has enough previous experience or relevant membership in another body that he/she appears to be capable of holding the position of secretary, or,
  • Is a member of any of the following:
    • The Institute of Chartered Accountants of Scotland;
    • The Institute of Chartered Accountants in Ireland;
    • The Institute of Chartered Accountants in England and Wales;
    • The Institute of Chartered Secretaries and Administrators;
    • The Chartered Association of Certified Accountants;
    • The Chartered Institute of Management Accountants (formally known as the Institute of Cost and Management Accountants); or
    • The Chartered Institute of Public Finance and Accountancy.

Choosing a Company Name 

Of course, you will also need to choose a name for your new limited company, whether private or public, and that name must also be registered with Companies House. Your company name can not be the same as any other company name in the United Kingdom, nor can your name be as similar to another existing company name as to potentially cause confusion.

 

There are some words and phrases that have a sensitive classification with the Department of Trade and Industry. The use of these sensitive words is prohibited in most cases; however they may be justified by the department if they are to be used appropriately.

 

Company Seal 

 

It is not required that you have a company seal any longer. The Companies Act was altered in 1989 to reflect that companies no longer require a seal. However, if you would like to have a company seal, you are free to have one and use it.

 

Filing Audited Accounts 

All limited companies in the United Kingdom must file their accounts with Companies House. If accounts are not filed on time, there is a penalty applied to your account. If you make over £1,000,000 in one year, you can ask to be exempted from audit but you must include a full report by an accountant. Limited companies that have a turn over of under £90,000 do not have to have an audit at all. These levels of exemption may change, so it’s a good idea to double check with the Companies House as to the current levels of exemption. 

 



 
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