How Do I Change an Incorrect Director's Date of Birth at Companies House?
When filing for company formation, you can get some information wrong or make mistakes occasionally. Some of the most popular errors happen when filing director(s) details like names and date of birth.
Once you realise you've made such mistakes or typos, is it important to fix them, or should they remain as they are?
A company with multiple directors, Persons with Significant Control (PSC), and Limited Liability Partnerships requires more information to be provided to Companies House. When these people join the company during incorporation, the registrar must be provided with their details, including their date of birth.
Once you realise that an individual's date of birth is incorrect, it must be amended at Companies House immediately.
In this post, we'll discuss how to change an incorrect director's date of birth at Companies House, depending on which method an individual was appointed to the position. So, if you're in this situation, spare a few minutes to read our guide, then proceed to correct the error.
Why Does it Matter If You Correct an Incorrect Date of Birth or Not?
Companies House demands that PSCs, directors (s), and shareholders provide accurate and current information, such as their date of birth.
But a date of birth looks like a minor detail. Why is it so important? Companies House uses a director's date of birth to distinguish various records. Hence, it's important to record the correct information.
The full date of birth is recorded on a private register of LLP members, directors, register of LLP, or PSC. The information displayed on the public record is less extensive: only the month and year are visible.
Companies House can only divulge the full date of birth in compliance with the law, such as through credit reference bodies or the police.
Under the Companies Act 2006 S 1112, recklessly or knowingly submitting incorrect information to the registrar is an offence. The information is deemed misleading, deceptive, or false and can lead to penalties like fines and, in a serious situation, imprisonment.
Although unintentional minor mistakes are unlikely to breach section 1112, it's crucial to rectify any errors whenever they become apparent.
NOTE: Anyone who wants to become a company director must be at least 16 years old. However, if someone is appointed as a director and his date of birth is incorrectly entered to make him appear 16 years old, this breaches section 1112. The court can infer the intentional mistake.
The Process of Correcting a Date of Birth
Currently, a company can't change a director's date of birth on the Companies House online service. Instead, any updates or changes must be submitted via posting paper forms or uploading PDF forms. How you correct an error like a date of birth depends on when the mistake happened and here are some possible scenarios:
1. Upon Incorporation
Once you realise a director's date of birth is wrongly entered upon incorporation, you must file:
Form RP02A is used to correct the Companies House register where faulty information was initially provided.
2. After Incorporation
The mistake of an incorrect entry can happen after company formation, like appointing a new director.
Company registration is submitted via form AP01. However, if there's a wrong entry, a new AP01 form must be filled in to provide the right information on the date of birth and then sent to Companies House alongside form RP04.
In short, if an incorrect date of birth is submitted on incorporation, you must use forms RP CH01 and RP02A to correct the details.
However, if the mistake occurred after incorporation, you must submit a new AP01 with an RP04 form. As you correct a director's date of birth, check for other incorrect details that might need correcting to avoid future inconveniences.
3. While Reporting a PSC
In most small companies, a director can double as a PSC. In this case, an incorrect date of birth can also be reported, as in the director's report.
Correcting a director's date of birth will not automatically fix a PSC date. WHY? You may wonder. It's because both positions are separate.
Correcting a PSC's date of birth depends on how the PSC was first appointed to the company and how Companies House was notified. If the PSC was reported to Companies House after incorporation, it was done on form PSC01. Initially, when the PSC regime was first introduced, it reported on the confirmation statement or CS01.
4. LLP Member Records
If the incorrect date of birth is entered for an LLP member during incorporation, you can correct it on form LL RP02a. You remove the incorrect date of birth from the incorporation documents and fill out form RP LL CH01 indicating the right date of birth.
Where a wrong entry is made when adding an LLP member's information, it can be corrected using form LL RP04 and a new LL AP01 form bearing the right information. The correction is sent by post to Companies House.
5. PROOF Companies
For companies in the Protected Online Filing Scheme (PROOF), a PR03 form is needed to allow paper filing and processing. For LLPs, an LL PR03 form is required. These forms (PR03 and LL PR03) aren't accessible, meaning you must contact Companies House to get them.
Contents of a Confirmation Statement (CS01)
Company annual accounts mostly consist of financial information, and the Confirmation Statement (CS) is another annual filing requirement. However, a confirmation statement about general company information is only filed at Companies House. A confirmation statement confirms that the information on the public record is accurate and current. Here are more details on a CS:
- A company's registered office address - Location
- The location of a Single Alternative Inspection Location (SAIL) if any
- For companies that use a SAIL, state where the various statutory records are kept
- Main business activities recorded as SIC codes
- Directors' names, addresses and personal details like residential addresses
- Company secretary details (if any)
- People with Significant Control (PSC) details and their control over the company
- Share capital
- Shareholders and the shares they hold individually
- Share transfers and the confirmation period
Of all the above, only changes to shareholders and main business activities are updated on the confirmation statement. The changes include shareholdings and any share transfers in full detail. Other changes are to be reported to Companies House when they happen, and filing a CS is mandatory if there's nothing to report. Here are some facts about the filing of a confirmation statement:
- Even when nothing happened to warrant a change in the tax year and the public record is correct, a company will still need to file the confirmation statement.
- The first confirmation statement reflects the correct position on the company's formation anniversary. It must be delivered within 14 days of the anniversary. Subsequently, a confirmation statement is delivered to Companies House once every 12 months, but a company can file as often as it wishes.
- After the confirmation statement is filed, the public register available through Companies House is up to date according to the latest information about the company.
Frequently Asked Questions
How do you change an incorrect date of birth for a director at Companies House?
Suppose a director's date of birth is entered wrongly during incorporation. In that case, you must file and submit form RP CH01 with form RP02A to Companies House. Form RP02A is where amendments to the Companies House register are made whenever inaccurate information was submitted initially.
How long will it take to appoint a new director to my company?
Using a formation company to update changes, like appointing a new director, is quick and easy. Companies House will update the public register within 48 hours after notification.
Do I have to notify the Companies House of new shareholders in my company?
Any shareholder change after company formation or a new shareholder joining or being appointed to the company must be notified to Companies House. The information must be filed in your next annual confirmation statement (earlier known as an 'annual return').
After how long do I notify Companies House of a new director in my company?
After appointing a new director in your company, you must notify Companies House of the new officers within 14 days of the change. Ensure this information gets to Companies House as soon as possible.
How can I change directors in my company?
After registering your company and appointing directors, any change that occurs as your business grows must be forwarded to the registrar. The information should reach the Companies House two weeks after the changes to ensure the business is permanently registered in the Country.
Form Your Company with Incorpuk Today
At Incorpuk, we will help you through the company formation process and file your confirmation statements to help your business stay compliant. Whether you're a UK resident or a non-UK resident, our team is ready to provide guidance and help you establish your company in the UK. Contact us here today.
In Summary
Mistakes can occur during incorporation or company formation, such as recording the wrong date of birth for directors, LLP members, or PSCs.
When such errors are noticed, it's imperative to make corrections immediately and submit accurate information.
Companies House doesn't allow corrections like the date of birth on information forms. However, other personal changes to officers and PSCs' names, nationalities, or residential addresses can be made via electronic filings. These changes, among other filings, can be made using Inform Direct.
Where a date of birth is incorrect in the original filing after appointing an individual, it must be corrected, sometimes on paper forms. The process of making these corrections depends on the individual's role in the company when the incorrect details are entered.
Begin by looking through the company to identify when the mistake was made: during formation or incorporation or when the director was subsequently appointed. Where a PSC or director's date of birth is incorrect, you must make separate submissions to correct the errors. Do you have any questions about how to Change an Incorrect Director's Date of Birth at Companies House? You can contact one of our experts for help today.