Overdue accounts Alfa Laval Ltd 00187261

The request was successful.

Dear Companies House,

I am requesting information on what action you have taken regarding the overdue accounts of Alfa Laval Ltd 00187261

These are now over 3 months late.

This is a very large company with assets of 10's of millions of pounds (according to previous accounts), yet they appear unable to conform to legislation.

Other related companies which are also overdue for submission are:
Alfa Laval Ashbrook-Simon Hartley Ltd
Alfa Laval Eastbourne Ltd

Can you confirm that these companies and directors have received warning letters advising accounts submission is overdue?

Can you confirm whether they have requested any time extensions for submission for each company? And if so, did CH agree to such extension - what extra time, if any, were they given?

I understand that the directors are personally responsible ultimately. In what time frame are criminal prosecutions considered?

Does the size of the company make any difference to when prosecution is considered, or are all directors 'considered equal'?

Overdue submissions of statutory information can lead to credit-risk worries to suppliers and customers.

Larger companies such as these have, on paper, almost limitless resources by which to carry out their legal requirements. At present, I understand these companies will each be subject to a penalty of £ 750 each if they submit their accounts within the next six months.

In my opinion, CH appears to allow criminal behaviour.

I suspect you will not even consider prosecution until after submissions are six months late. Your sister executive agency, DVLA, will barely allow a weeks grace before taking action against unpaid Vehicle Excise Duty, for example

Yours faithfully,

T. Harrison

Caroline Griffiths, Companies House

Dear T Harrison

 

Thank you for your email dated 3 February 2014 addressed to the
Information Rights Team. 

 

We are in the process of dealing with your request and will respond to
your mail as soon as possible. 

 

Yours sincerely

 

Caroline Griffiths

Information Rights Team

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Caroline Griffiths, Companies House

Dear T Harrison

 

I refer to your email dated 3 February 2014 in which you request
information regarding the overdue accounts of Alfa Laval Ltd, Alfa Laval
Ashbrook-Simon Hartley Ltd and Alfa Laval Eastbourne Ltd.

 

You asked;

 

Can you confirm that these companies and directors have received warning
letters advising accounts submission is overdue?

 

All companies that fail to meet the filing deadline are treated
consistently and enforcement action is started promptly after the accounts
fall overdue.

Failure to file either annual accounts or an annual return will lead to
enforcement action being taken against a company and/or its directors.
Companies House will commence pursuit action within 7-10 days of the
company going into default by issuing the first statutory notice to the
company. If there is no response and the document(s) remain overdue a
second notice is sent 5/6 weeks later.  The second notice is sent to the
company's registered office by recorded delivery and copied to the
individual directors at their service address.

 

Can you confirm whether they have requested any time extensions for
submission for each company? And if so, did CH agree to such extension –
what extra time, if any, were they given?

 

I confirm we have been pursuing the three companies for late delivery of
their accounts period ending 31/12/2012. Closer review shows that we
received an extension request in respect of Alfa Laval Limited and Alfa
Laval Eastbourne Limited, and one month extension was granted in respect
of their 2012 accounts.

 

I can now also confirm that all three companies have filed their accounts.

 

In what time frame are criminal prosecutions considered?

 

Each enforcement case is unique and is considered on its own facts and
merits but the general principles outlined in the Code for Crown
Prosecutors must be applied in all cases. I should emphasise that the role
of Companies House is to ensure compliance with the regulations set down
by the Companies Act.  Prosecution action is only considered as a final
resort where there has been a blatant refusal to comply with the
regulations, it is a measure used to gain compliance and not to punish
directors as laid out in the Crown Prosecution Code.

You may wish to visit our enforcement strategy which can be found on our
website via the following

[1]http://www.companieshouse.gov.uk/about/e...

 

There is a two part test under the CPS Code, the evidential one and the
public interest one. By not filing the accounts by the due date the
evidential burden under the code was met - an offence had been committed.
At this stage the statutory process was instigated and statutory letters
were issued (Section 1000 of the Companies Act 2006) to establish if the
company is in business and operation, as explained above.  

 

Does the size of the company make any difference to when prosecution is
considered, or are all directors considered equal?

 

Each enforcement case is unique and is considered on its own facts and
merits but the general principles outlined in the Code for Crown
Prosecutors must be applied in all cases, the size of the company does not
form part of the consideration.

 

I hope that the above information fully answers your Freedom of
Information enquiry, but if you have any queries about this email, please
contact me. Please remember to quote the reference number above in any
future communications.

 

If you are unhappy with the service you have received in relation to your
request and wish to make a complaint or request a review of our response,
you should write to me, within two calendar months of the date of this
email, and I will ensure that it is forwarded to a senior member of
Companies House who has had no previous involvement in this case and they
will undertake the review.

 

If you are then not content with the outcome of your review, you may apply
directly to the Information Commissioner for a decision. Generally, the
ICO cannot make a decision unless you have exhausted the complaints
procedure provided by us. The Information Commissioner can be contacted
at: The Information Commissioner’s Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire SK9 5AF.

 

Yours sincerely

 

 

 

Caroline Griffiths

Information Rights Team

This message and any attachments are intended for the persons named as
addressees only and may contain confidential information. In addition they
may be protected by copyright.

If you receive it in error, notify us, delete it and do not make use of or
copy it. You must not copy, disseminate or otherwise distribute or
publish this message, except for the purposes for which this message is
intended, without our consent.

Please note that this e-mail has been created in the knowledge that
Internet e-mail is not a 100% secure communications medium. We advise that
you understand and accept this lack of security when e-mailing us.

For company information, guidance and how to file documents online, please
see our website [2]www.companieshouse.gov.uk.

This message has been scanned for viruses by [3]Hosted Security, a service
from [4]Websense

References

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