Directors borrowing from their company subject to new rules

Companies wishing to ensure the highest standards of corporate governance are advised to pay close attention to new rules relating to company loans to directors. Previously, directors repaying such money within nine months of the end of their firm’s accounting period could avoid a tax charge. But in this year’s Budget came the announcement of new rules designed to combat what HMRC calls “bed and breakfasting” – the abuse of company loan rules. Continue reading

No change in HMRC owner-manager policy, despite win over dividends

Many a company secretary of an owner-manager taking their income mainly as dividends will have noticed the surprise outcome of a high profile case over whether tax and NI can be applied to dividends by HMRC in the same way as salary. The consultancy firm PA Holdings Ltd (PA) conceded defeat, leading to fears that directors/shareholders taking their income mainly by dividends could be subject to HMRC assault. Continue reading

Amended first aid regulations now in force

For many new business owners, company formations can feel sufficiently bound in red tape without overly burdensome health and safety regulations also proving a cause for concern. Such businesses are therefore likely to welcome the latest news that as of 1 October 2013, they can now enjoy greater flexibility with regard to the management of their provision of workforce first aid, thanks to altered health and safety regulations. Continue reading

Regulator investigates double defaulting charities

Of interest to many of those pursuing the highest standards of corporate governance will be the news of the launch of a class inquiry by the Charities Commission into charities seriously breaching reporting requirements. It was at the regulator’s Annual Public Meeting (APM) that its chief executive confirmed that charities failing to file annual reports, accounts and returns – ‘the annual documents’ – for at least two years would be subject to formal investigation. Continue reading

New competition body is formed

Those with an interest in corporate governance are also likely to be intrigued by the story that a new competition authority, the Competition and Markets Authority (CMA), has been formed. The government has said that the objective of the body, which brings together the Competition Commission and certain Office of Fair Trading (OFT) consumer functions, is to promote competition both within and outside the UK. Continue reading

Cut in number of restrictive company names

Company formations look set to become just slightly less stressful for many start-up businesses, with the Business Minister Jo Swinson’s announcement that the list of ‘sensitive’ company names is to be reduced.

The present system compels those undertaking company formations to seek prior approval for their company name from Companies House or a specified body, should their desired name include such words as ‘board’, ‘authority’, ‘group’, ‘European’, ‘national’ and/or ‘international’. Continue reading

Female representation on FTSE100 boards now 19 per cent

Women now account for 19 per cent of FTSE100 directors, according to Women on Boards, in news that will interest many of those looking to ensure the highest standards of corporate governance in their own firms.

The growth, which was welcomed by Business Secretary Vince Cable, suggests that good progress is continuing to be made in reaching the target of 25 per cent of board positions being held by women, as set by Lord Davies. Continue reading

Disincorporation Relief a low tax route to less regulation

A report by the Office of Tax Simplification found that ‘a small but significant number’ of limited companies would prefer to operate a sole trader or partnership model but were deterred from doing so by corporation tax that would be triggered by the transfer of certain company assets to shareholders who continue the business in an incorporated form. In response the government introduced a temporary tax relief for eligible businesses that disincorporate, called Disincorporation Relief. Continue reading

The merits of a company using London Registrars as its registered office address

It is a legal necessity that a UK company has an address where service can be made of official correspondence, like HM Revenue & Customs letters, court documents and correspondence that may arise from Companies House. What many UK companies may not be aware of, however, is that they may use London Registrars (https://www.london-registrars.co.uk) office as their registered office address. Continue reading