Occasionally when filling out the online form involved with company formation, it is possible to get certain information wrong or make mistakes such as typos. One of the details which is prone to minor errors is the director’s date of birth. But how can this be fixed – and is it important?
Does it matter if the wrong date of birth is shown?
The full date of birth of company directors must be submitted to Companies House – and this is partially displayed on the public register.
Under section 1112 of the Companies Act 2006, it is “an offence for a person knowingly or recklessly … to make to the registrar … a statement … that is misleading, false or deceptive in a material particular”. In other words, providing incorrect information to Companies House on purpose or as a result of recklessness is illegal and can result in fines and, in the most serious cases, imprisonment.
Although inadvertent minor filing mistakes are unlikely to breach section 1112, it is nevertheless important to rectify these as soon as they have come to light.
Please note: A company director must be at least 16 years of age (s. 157). So, if a director is appointed who is under 16 but their date of birth is incorrectly recorded to make them appear over 16, this will be more likely to constitute an offence under section 1112, as an element of intentionality may be inferred by the court.
What is the process for correcting a date of birth?
It is not currently possible for companies to change a director’s date of birth using the Companies House online service. Instead changes must be submitted either by uploading PDF forms or by posting paper forms.
If a director’s date of birth was stated incorrectly upon incorporation, form RP CH01 must be filled in and submitted to Companies House. To complete the process, it is also necessary to submit form RP02A, which is used to rectify the Companies House register where inaccurate information was initially delivered.
If a director’s date of birth was stated incorrectly after incorporation (i.e. if a new director was appointed after the company was already registered), form AP01 must be filled in and submitted to Companies House, along with form RP02A.
Can I use a confirmation statement?
Although confirmation statements can be used to update certain types of company information, they cannot be used to correct details of directors. It is not possible to change a director’s date of birth using a confirmation statement; it is necessary to use the method outlined above.
What if I’m using PROOF?
The PROOF (PROtected Online Filing) scheme allows companies to protect themselves from unauthorised changes to their records. It essentially prevents certain paper forms from being filed; Companies House will reject these once a company has joined PROOF. Form AP01 mentioned above is covered by PROOF.
If a company is part of the PROOF scheme and wishes to submit a paper form, it will need to request form PR03 from Companies House.