CIC Association

Serving Community Enterprise

COMPANIES HOUSE - DO THEY DISCRIMINATE AGAINST CIC'S?

Our annual accounts were sent to companies house - on time and yet we have been fined as the community interest statement was not on the 'prescribed form'. The transfer of information took a couple of days extra.

Yes I can hear everyone shouting that it should have been on the prescribed form - but our accountant handled the whole thing for us.

The accounts per se were on time - and the community statement simply had to be transferred to said form, with a fee of £15.00 for the privilege!

My position is this: that no such fine should be applied in the situation whereby the accounts have arrived on time but there is an administrative niggle about the form for the community statement. No such thing applies to ordinary limited companies.

Paying £15.00 simply to transfer information onto another form is bad enough, yet surely the additional fine of £150.00 where the accounts were not in fact filed late is onerous in the extreme! I have now refused to pay this fine on the basis that the community statement is not part of the accounts per se - but a secondary annexed statement only attaching to CIC's.

If they were to enforce this fine on the basis of the community statement palava, then there may just be a case of discrimination, which should be challenged.

Watch this space.

 

 

 

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Hi Terri

 

54 replies to this thread show you are not alone! http://cicassoc.ning.com/forum/topics/companies-house-cic

 

Myself and a couple of other CICs are trying to make real progress on this, have Co House issued a statement to accountants advising  them what they should be doing?

Ive been back and forth on this subject, one argument to make is that it is actually a contravention of an EU directive, it may be a good idea to have a conversation on the phone, im building a central caseload and it is one of the issues I'll be taking up with the Cabinet Minister on monday (although it isnt his Dept it is a place to start)

 

John

Hi John,

Yes, it's a nightmare! I would think (and I'm an ex legal beagle) that there's no way that Companies House can actually enforce this. Apart from the fact that accountants are pitifully unaware of the correct procedures which disadvantage their clients, the community statement is not part of the accounts per se...

It may be a fine point but I'd bet my shirt that it wouldn't stick in Court! I have thrown down the gauntlet to CH and said categorically that I will not be paying this fine on the basis that it is blatently unfair to CIC's and will resist the challenge if they take it to court. Nothing to lose here as It won't cost me anything....

 

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