What if there is “no defence”?

DJ Murphy Solicitors have acted for company Directors facing prosecution for the late filing of accounts and for whom the defence, that they “took all reasonable steps” to comply with the requirements, does not appear to have been available.

Even so, it is very important to establish the facts. Each case will turn on its particular facts, and also on how those facts are presented. It may be that there are circumstances or issues which Companies House may consider withdrawing the prosecution in appropriate cases. So, it is essential to take professional advice.

Along with the late filing penalties imposed on Companies. Company Directors or Secretaries who are late in filing company accounts risk being prosecuted by Companies House. This can lead to a criminal conviction, and a fine of up to £5,000. Furthermore, for a continued breach further fines of up to £500 a day can be incurred. Directors can also be disqualified from being Company Directors. Meaning that they cannot be involved in the management of any company.

At DJ Murphy Solicitors we have seen an increase in the number of prosecutions being brought by Companies House for late filing of accounts. Directors who have three or more convictions for these offences, may face the disqualification in the Magistrates Courts.

If you are being threatened with prosecution, or you are facing prosecution, or have been prosecuted several times, then call us on 029 2022 1300 now to arrange a consultation.