6
Recommendation
Forty-Fifth Report - Department for Bus…
Rejected
Confidence in the Companies Register is undermined by errors and inaccuracies. Companies House, an executive agency of the Department, maintains the Register of Companies for England and Wales. The size of the register is growing, which the Department considers reflects international trends and entrepreneurial activity. However, false statements, fake entries, …
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Confidence in the Companies Register is undermined by errors and inaccuracies. Companies House, an executive agency of the Department, maintains the Register of Companies for England and Wales. The size of the register is growing, which the Department considers reflects international trends and entrepreneurial activity. However, false statements, fake entries, errors and inaccuracies (such as fictional company directors, or individuals named without their consent) can be used to commit crime, including fraud. Making a false declaration to Companies House has been a criminal offence since 2009 under the Companies Act 2006, but this legislation is rarely enforced. There is a record of just one conviction for this offence, in 2018. The Department considers forthcoming legislation following the Economic Crime and Corporate Transparency Bill will provide powers to Companies House to identity-check directors and refuse to register companies. Recommendation 6: The Department, alongside its Treasury Minute response, should set out the total number of convictions for making a false declaration to Companies House, and the actions which are being taken to ensure offenders are identified and prosecuted.
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Government response AI summary
The government disagrees with the recommendation, stating that most errors are accidental and corrected before prosecution, and courts are reluctant to sanction compliant parties. It highlights the forthcoming Economic Crime and Corporate Transparency Bill which will reform Companies House's powers, but does not commit to …
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HM Treasury
21
Conclusion
Forty-Fifth Report - Department for Bus…
Rejected
It has been an offence since 2009 to make a false return to Companies House, yet to date there is a record of just one conviction for this offence, in 2018. The Department was unable to confirm the number of prosecutions or convictions made under these existing powers.44 The Department …
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It has been an offence since 2009 to make a false return to Companies House, yet to date there is a record of just one conviction for this offence, in 2018. The Department was unable to confirm the number of prosecutions or convictions made under these existing powers.44 The Department was also unable to confirm why, despite the continued rise in the number of companies registered and the increasing likelihood that some of these registrations are being used to commit fraud against businesses and the public, the Department’s powers to enforce the existing law are not being used.45 37 HM Treasury, Managing Public Money, March 2022, page 14, section 3.3, and page 102, section A4.9.1 38 Committee of Public Accounts, Department for Business, Energy & Industrial Strategy Annual Report and Accounts 2020–21, First Report of Session 2022–23, HC 59, 11 May 2022 39 Written evidence submitted by Institute of Chartered Accountants in England and Wales - ICAEW 40 Q 134 41 Q 125 42 Q 126 43 Q 127 44 Q 129 45 Qq 130–131 Department for Business, Energy & Industrial Strategy Annual Report and Accounts 2021–22 15 3 Post Office Horizon IT programme compensation
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Government response AI summary
The government disagrees with the Committee's implied criticism regarding the lack of convictions under existing powers, explaining that most errors are accidental and courts are reluctant to sanction subsequently-compliant offenders. However, it details new powers and reforms under the Economic Crime and Corporate Transparency Bill …
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HM Treasury