Company Law – Company Registration
Company Law – Company Registration
The creation of a company requires effective registration. In turn, this means that a company lawyer must know both the process to follow and the information which must be supplied to the relevant authorities. The aim of this task is to allow you to demonstrate this understanding in the context of advising and assisting a client. This task here is to advise a corporate client on the process it must follow to create an English registered subsidiary company.
Scenario:
Your firm acts for STR Recycling AB (“STR”), a materials recycling company based in Sweden. (The instructions came from a referral from STR’s Swedish counsel.) STR has only operated in Sweden and Finland to date and now wants to set up a presence in the UK. Your specific instructions concern setting up an appropriate corporate entity.
You must write a draft e-mail to the client in response to the communication forwarded to you by your supervising partner. The requirements for the format of this e-mail are:
a) It is to go out in your supervising partner’s own name, so should be written as if it emanates from him / her.
b) It must be between 700 and 850 words.
c) It must cover the following issues:
(i) The information which the client will have to provide your firm with to enable any necessary company to be registered.
(ii) Advice on the proposed choice of name for the corporate entity. (This may involve you, for example, having to make a free name search on Companies House website.)
(iii) Appropriate practical guidance or suggestions for the client.
d) Please assume that your firm has a standard set of articles for use when setting up a company on a client’s behalf.
You will find reference to form IN01 (application to register a company) useful. This is available through Companies House website at www.companieshouse.gov.uk.
Please note the Companies Act 2006.
