For those overseas companies wishing to register a UK establishment there are certain procedures it will need to follow.
Under the Overseas Companies Regulations 2009 an international company who has set up a UK establishment must register the establishment and file certain documents with the Registrar of Companies and also abide by certain accounting requirements.
What am I initially required to do?
Within one month of an overseas company setting up a UK establishment it must register a Form OS NM01 with the Registrar of Companies which sets out:
- Details of the Directors’ and Secretary of the Company (including names, dates of birth, service addresses and levels of authority); and
- Details of the establishment itself, including its name and address.
It must also file:
- A certified copy of the Company’s constitution (along with a certified translation if it was not originally drafted in English); and
- Latest set of accounts (if required to files these in its country of origin) along with a certified translation.
There are different filing requirements for those companies originating from inside and outside the European Economic Area (EEA) and advice should be sought in this regard.
The overseas company can register its UK establishment with its original name from its home country or with an alternative name used solely for its UK business (but please note there are some restrictions on choices of name under UK law).
Finally, there is a fee of £20 payable to Companies House for filing this information. If an overseas company registers any further UK establishments it will not be required to supply most of this information again.