Companies House an executive agency - ignoring Companies Act 2006 s.167 and same trading names

Ed Boyce made this Freedom of Information request to Department for Business, Energy and Industrial Strategy

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Dear Department for Business, Energy and Industrial Strategy,

Companies House an executive agency - ignoring Companies Act 2006 s.167 and same trading names

What is the purpose of this Agency acting as your Agents if they can simply ignore legislation and separate limited companies using the exact same trading name. What does your department of government have in place to stop abuse and to ensure your regulators regulate?

Myers Clark Ltd trading as Myers Clark - Companies Act 2006 s.167

https://www.whatdotheyknow.com/request/m...

Yours faithfully,

Ed Boyce

Dear Department for Business, Energy and Industrial Strategy,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Department for Business, Energy and Industrial Strategy's handling of my FOI request 'Companies House an executive agency - ignoring Companies Act 2006 s.167 and same trading names.

The DBEIS should have answered by 7.1.2022. Your Agency Companies House are claiming that more than one company (a legal entity) can use the same trading name and the same registered office address at the same time. So what is to stop multiple legal entities concealing which company or legal entity is operating or acting in a particular matter. This appears to make a mockery of the purpose for having a company or Companies Act and or a regulator..

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/c...

Yours faithfully,

Ed Boyce

Ed Boyce left an annotation ()

According to Companies House there is nothing to stop multiple companies (legal entities) setting up multiple businesses/ companies and using the same trading name and registered office /trading address at the same time?

FOI Requests, Department for Business, Energy and Industrial Strategy

Dear Mr Boyce,

Thank you for your email dated 17 January.

The Department considers that your email dated 7 December contains an enquiry rather than a request for recorded information held by the Department for Business, Energy and Industrial Strategy (BEIS).

Where a 'request for information' contains an enquiry, rather than a specific request for copies of information held by BEIS, we deal with such requests as a 'normal course of business' enquiry rather than a formal request for information under the Freedom of Information Act. This is in accordance with guidance from the Information Commissioners Office.

As such, we are unable to provide you with an Internal Review.

Your email of 7 December has been passed to the BEIS enquiries team.

Yours Sincerely,

BEIS Information Rights & Records Unit.

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Dear FOI Requests,

The Department for Business, Energy and Industrial Strategy (BEIS) can not simply claim after ignoring the FOIA time-line that you can treat this FOIAR as an enquiry to refuse an internal review of your failure to comply with the law.

What recorded information do you hold regarding your Executive Agency Companies House. Who as Agents must know that they can not ignore legislation and neither can the BEIS ignore the FOIA 2000.

The BEIS and your Agents can not make a mockery of the law, and must hold information and records to stop abuse by your Agencies and their agents.

Yours sincerely,

Ed Boyce

FOI Requests, Department for Business, Energy and Industrial Strategy

Dear Mr Boyce,

Thank you for your email dated 25 January.

As advised in our email of 18 January, your email contains an enquiry rather than a request for recorded information. Therefore your enquiry does not fall within the remit of the Freedom of Information Act 2000 and the statutory FOI deadlines do not apply.
Your emails of 7 December and 17 January have been passed to the BEIS Enquiry Unit.

Yours Sincerely,

BEIS Information Rights & Records Unit.

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BEIS Correspondence Team, Department for Business, Energy and Industrial Strategy

1 Attachment

Dear Ed Boyce,

Please find attached our response to your recent enquiry.

Regards,

Kirsty Wallace

Ed Boyce left an annotation ()

Quote ‘Companies House is not the investigation or enforcement authority, in respect of contraventions of companies’ legislation. That function lies within the Insolvency Service.’.
Another different Executive AGENCY of the BEIS.