Final List of Documents going to Submit- Please check and Correct

[dev1313]

Hi


I had few quires for Tier 1 Entp. Extension. Please request for the senior Gurus (Zimba and other Gurus) in this forum. My Tier 1 Entp. Extension due on Sep. 2017. I am planning to apply through share capital.

1. I am running business from 2 different offices in UK and 1 office overseas, Is that good option to add overseas business address in all advertisement material and Business Visiting cards to justify the genuine entrepreneur test as it already appears on my website. I am running overseas office in profit sharing and not paying anything towards expenses. OR its makes the things complicated?

As per Companies Act 2006 (c. 46) Part 8 — A company’s members Chapter, Page 118

“OVERSEAS BRANCH REGISTERS

(1) A company having a share capital may, if it transacts business in a country or territory to which this Chapter applies, cause to be kept there a branch register of members resident there (an “overseas branch register”).
(2) This Chapter applies to— (a) any part of Her Majesty’s dominions outside the United Kingdom, the Channel Islands and the Isle of Man, and (b) the countries or territories listed below.
BangladeshMalaysia
Cyprus Malta
Dominica Nigeria
The Gambia Pakistan
INDIA
(3) The Secretary of State may make provision by regulations as to the circumstances in which a company is to be regarded as keeping a register in a particular country or territory.
(4) Regulations under this section are subject to negative resolution procedure.
(5) References— (a) in any Act or instrument (including, in particular, a company’s articles) to a dominion register, or (b) in articles registered before 1st November 1929 to a colonial register, are to be read (unless the context otherwise requires) as a reference to an overseas branch register kept under this section.
130 Notice of opening of overseas branch register
(1) A company that begins to keep an overseas branch register must give notice to the registrar within 14 days of doing so, stating the country or territory in which the register is kept.
(2) If default is made in complying with subsection (1), an offence is committed by— (a) the company, and (b) every officer of the company who is in default.
(3) A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale and, for continued contravention, a daily default fine not exceeding one-tenth of level 3 on the standard scale.

131 Keeping of overseas branch register
(1) An overseas branch register is regarded as part of the company’s register of members (“the main register”).
(2) The Secretary of State may make provision by regulations modifying any provision of Chapter 2 (register of members) as it applies in relation to an overseas branch register.
Ghana Seychelles
Guyana Sierra Leone
The Hong Kong Special Administrative Region of the People’s Republic of China
Singapore
India South Africa
Ireland Sri Lanka
Kenya Swaziland
Kiribati Trinidad and Tobago
Lesotho Uganda
Malawi Zimbabwe

(3) Regulations under this section are subject to negative resolution procedure.
(4) Subject to the provisions of this Act, a company may by its articles make such provision as it thinks fit as to the keeping of overseas branch registers.

http://www.legislation.gov.uk/ukpga/200 ... 046_en.pdf


2. Other question is towards the share capital. I am going to apply in Sep 17. I had transferred 50K in 10 instalments in 2016 and currently I had a share for 50,001. In a same time, I withdraw the salary each month as employee from my own company. I start taking salary from April 2016 and I had received £15k as salary from company so far. My company is in profit from last 3 years and paid Corporation Tax each year as well. I had still 43K in company business bank account. Is it required to put that money (£15K) back into the account and converted to share?


3. If anyone Kindly provides the format for all the letters required form the accountant.


4. As I known from this forum that there is no such document of Company’s Register of Members available from Company House and we need to generate that document by the company itself covering all the Information.

“-the names and addresses of the members (the shareholders, unless the company is one limited by guarantee);
-the number and class/classes-of-shares of shares held by each member, distinguishing each share by its number so long as it has one;
-the amount paid, or agreed to be considered as paid, on the shares;
-the date at which the person was registered as a member, and the date at which he or she ceased to be a member.
-The register must be kept at the company's registered office, or some other office notified to Companies House.
-The register is prima facie evidence of the matters directed or authorised by the Companies Acts to be inserted in it. Consequently, entries should be made in the register only in accordance with proper allotment or transfer procedures."

Is this information also provide by the the Accountant? If not then, who is verified this Information about the Company’s Register of Members.

5. What other documents I required from the Company House w.r.t Share Capital like- Share certificate, Statement of capital SH01, AR01.


I am bit confuse with the share capital as I seen lots of refusals on this forum due to share certificate and name of the shareholder not shown on annual accounts.

[marcnath]

Hi
1. I am running business from 2 different offices in UK and 1 office overseas, Is that good option to add overseas business address in all advertisement material and Business Visiting cards to justify the genuine entrepreneur test as it already appears on my website. I am running overseas office in profit sharing and not paying anything towards expenses. OR its makes the things complicated?

How you run your business should not have any impact on your application as long it is all done legally.
You don't have to provide every single piece of information on your business. There are specific evidences requested and that is what you need to provide.
Having said that, never give false information. Not giving info is ok, giving false information is not.
Bottom line, you can pick any answer to your own question and it should be ok.
Not sure what the overseas register clause had to do with your Visa ? The clause starts with ".. may ...". So, if you decide to have an overseas register then you should report it. If you don't then you don't have to. Again nothing to do with your application.

2. Other question is towards the share capital. I am going to apply in Sep 17. I had transferred 50K in 10 instalments in 2016 and currently I had a share for 50,001. In a same time, I withdraw the salary each month as employee from my own company. I start taking salary from April 2016 and I had received £15k as salary from company so far. My company is in profit from last 3 years and paid Corporation Tax each year as well. I had still 43K in company business bank account. Is it required to put that money (£15K) back into the account and converted to share?

If you had sales (not necessarily profit) to cover your salary, you don't have to put it back. You can argue the salary was paid from revenue and not investment.

3. If anyone Kindly provides the format for all the letters required form the accountant.

As I can make out, you have set up a new business. So there is no accountant letter required.

4. As I known from this forum that there is no such document of Company’s Register of Members available from Company House and we need to generate that document by the company itself covering all the Information.

Is this information also provide by the the Accountant? If not then, who is verified this Information about the Company’s Register of Members.

The requirement is clear. Either the accounts have all the shareholder information or you provide the register of members from the Companies house.
The company maintained register of members is not an acceptable document, as per the guideline.
Any reason why you can't have all shareholders name and shareholding in the accounts ?

5. What other documents I required from the Company House w.r.t Share Capital like- Share certificate, Statement of capital SH01, AR01.

Only the current appointment record (CAR) is a requirement.

I am bit confuse with the share capital as I seen lots of refusals on this forum due to share certificate and name of the shareholder not shown on annual accounts.

" name of the shareholder not shown on annual accounts" is the only requirement. If you don't have that (and unless you have many shareholders I don't see why you shouldn't), then you need to get the register of members from the companies house.

[dev1313]

Hi marcnath, Thanks for your quick and valuable reply on my issues.

[*]If you had sales (not necessarily profit) to cover your salary, you don't have to put it back. You can argue the salary was paid from revenue and not investment.

Like for example I had a sales around £6200 in any month and expenses are around £6000. Is that fine that I still withdraw my salary around £1000 from just £200 profit, because in £6000 expenses its covers all salary, rents and other stuff.

[*]The requirement is clear. Either the accounts have all the shareholder information or you provide the register of members from the Companies house.

Its clear to add all shareholders in account, but on safe side how we get the register of members from the Companies house. As I called Companies house for register of members, but they do't have any information about that documents. Any Idea how we get that register from company house.

[marcnath]

Hi marcnath, Thanks for your quick and valuable reply on my issues.

[*]If you had sales (not necessarily profit) to cover your salary, you don't have to put it back. You can argue the salary was paid from revenue and not investment.

Like for example I had a sales around £6200 in any month and expenses are around £6000. Is that fine that I still withdraw my salary around £1000 from just £200 profit, because in £6000 expenses its covers all salary, rents and other stuff.`

Yes, you can draw the 6200 as salary if you want. The assumption is that you use your investment for the other expenses.

[*]The requirement is clear. Either the accounts have all the shareholder information or you provide the register of members from the Companies house.

Its clear to add all shareholders in account, but on safe side how we get the register of members from the Companies house. As I called Companies house for register of members, but they do't have any information about that documents. Any Idea how we get that register from company house.

I am surprised Companies house does not have the information.
You have to first give that information to Companies house before you get the registered from there. I am not clear about the details but you can find more info at https://www.gov.uk/government/publicati ... -registers. However, even this does not seem to provide a clear way of doing it - just that it can be done.

[dev1313]

Hi Mmarcnath

It’s really appreciated for your quick and valuable reply on my all quires.

I also thankfull to all the foroum members to disscus there cases as this forum seems very usefull to me.

Kindly review my business Financial year 2016-2017 where I am confused actually, In 2016-2017 business total sales are around £27k and same time expenses and other running cost is around £31k. I also invested £50k in business in this year as a Director Investment and converted 50k into share capital.

1. My query is- My sales are around £27k and I withdraw £7500 as my salary as Employee on PAYE from my company in 2016-2017and other expenses are around £23K. How do I justify to UKVI why I withdraw my salary as my company is in loss this year and how do I proof that my salary is not comes from the Investment. Total Balance in Business bank account is always above 40K.
2. My current share capital is 50001, Is there need to put some more money into the business account as Investment and increase share of the company to avoid confusion of £15K as Director salary.
3. In 2017-2018 accounts my company sales are around £30 K and I received £8k as salaries from the Company, shall I stop getting the salary from company OR it fine. Currently business bank account had £45k.

Thanks

[marcnath]

Hi Mmarcnath

It’s really appreciated for your quick and valuable reply on my all quires.

I also thankfull to all the foroum members to disscus there cases as this forum seems very usefull to me.

Kindly review my business Financial year 2016-2017 where I am confused actually, In 2016-2017 business total sales are around £27k and same time expenses and other running cost is around £31k. I also invested £50k in business in this year as a Director Investment and converted 50k into share capital.

1. My query is- My sales are around £27k and I withdraw £7500 as my salary as Employee on PAYE from my company in 2016-2017and other expenses are around £23K. How do I justify to UKVI why I withdraw my salary as my company is in loss this year and how do I proof that my salary is not comes from the Investment. Total Balance in Business bank account is always above 40K.

No, you don't have to justify to UKVI nor prove which funds salary came from (you can't even if you want to). The reason for the guideline on not counting remuneration as investment is to avoid people from just taking back most of the money they put in. Your case is definitely not that.

2. My current share capital is 50001, Is there need to put some more money into the business account as Investment and increase share of the company to avoid confusion of £15K as Director salary.

Not needed.

3. In 2017-2018 accounts my company sales are around £30 K and I received £8k as salaries from the Company, shall I stop getting the salary from company OR it fine. Currently business bank account had £45k.

Thanks

It is fine

[dev1313]

Hi



Its kind request to the senior members of the forum. Please have a look into the share capital format for the accounts to proff investment via share capital. I am going for extension application with share capital. My accountant send me these details regading the share capital in accounts to fullfill UKVI requirements. Please check if this information is correct and meet the UKVI accounts requirement for share capital

" (4) If you have invested by way of share capital, the business accounts must show the shareholders, the amount and value of the shares (on the date of purchase) in your name as it appears on your application. If the value of your share capital is not shown in the accounts, then a printout of the company’s register of members from Companies House must be provided."


My accountant send me these details that he is going to write down in account-


Share Capital

Share Capital Nominal Date of 2014/16 2014 2016
Value Purchase Number £(Amount) £(Amount)

Allocated, Called Up £1 01/01/1900 1 1 1
Fully paid:
Mr. ABC £1 01/01/1900 10,000 10,000
Ordinary Shares (ORD)
£1 01/01/2016 10,000 10,000

£1 01/01/2016 10,000 10,000

£1 01/01/1900 10,000 10,000

£1 01/01/1900 10,000 10,000
Total- 50,001


Share Capital Nominal Date of 2014/16 2014 2016
Value Purchase Number £(Amount) £(Amount)

Shares issued during £1 01/01/1900 1 1 1
The period:
To Mr. ABC £1 01/01/1900 10,000 10,000
Ordinary Shares (ORD)
£1 01/01/1900 10,000 10,000

£1 01/01/1900 10,000 10,000

£1 01/01/1900 10,000 10,000

£1 01/01/1900 10,000 10,000
Total- 50,001







ABC Ltd.
Notes to the Accounts
for the year ended 31 December 2016

Share Capital


Share Capital Nominal 2014 2016 Amount
Value Number Number £ (Amount In GBP)

Allocated, called up £1 1 50,000 50,001
Fully paid:
To Mr. ABC
Ordinary Shares (ORD)

Shares issued during £1 1 50,000 50,001
the period: Total- 50,001
To Mr. ABC
Ordinary Shares (ORD)


The company has issued sharecapital of 50,001 ordinary shares of £1 each. Mr. ABC have invested and fully paid £50,001 (from 01/01/1900- 01/01/2016) and he retained the company 50,001 issued ordinary shares.

Currently Mr. ABC have a share capital of GBP 50001 ORD as single shareholder of ABC Ltd. and retained 100% shares of the company.


Please recomend any changes required in the account regarding share capital.

[CR001]

Please keep all your questions in ONE topic (this one).

No need to start a new topic with the same question.

[marcnath]

Not sure what the 1900 date is and the formatting makes it difficult to read, but the final part looks good enough if that goes into the notes.

[dev1313]

Hi marcnath



Thanks for your kind reply. 1900 just the approx year in 2014-2016, when investment was made. I remove the original dates to avoid confusion.

[dev1313]

Hi marcnath



Could you please my one more confusion-

1. The notes(Share Capital 50k isued to Mr. ABC) to on the accounts regarding share capaital are going to the accounts that submit to companies house, we are talking about the notes in previous post regarding the format.

2. The accounts that we need to submit with account compilation report to UKVI is from companies house"Total exemption small company accounts" or the accounts that Accountant made after submission for our records.

[dev1313]

Hi


Thanks and congrats to all the forum members for sharing their valuaeable comments on this forum, its very useful for me from the begining. Here is the list of the final documents that I am looking to submit with UKVI.

Please confirm if anything is missing or Extra documents that not need to submit-

Application Route- 50k route through share capital.

1 - Application Forms
2 - Passports of Main applicant and dependents (Old and New)
3 - Previous BRP of Main applicant and dependents
4 - Funds for Maintenance- Bank Statement covering 90 days and letter from bank confirming the same.
5 - CH01 (Change of Particular of Director)- I joined the existing company as a new Director before the Initial application in 2014.
7 - Insurance certificate (2014-2017)
8 - Pay slips of all the employees (Signed by Myself)
9 - FPS for each submission, P45, P60, Employee Joining statement (Signed by myself)
10 - Letter from Business Bank confirming 5 transactions (I invested 50K in 5 instalments with various different amounts, therefore provide the letter from bank confirming the transactions)
11 - Personal Bank Account statements which shows investment transferred to Business Account
12 - Accounts with Compilation Report from Accountant (2014,2015,2016)-
Bit confused here- which accounts we need to submit to UKVI, the "Total exemption small company accounts" that be submit to companies house or the detail accounts with Director report that we keep in our records.
13 - CA cover letter
14 - CA letter which confirms each and every employee number of hours, hourly rate etc
15 - Business visiting cards.
16 - ICO (Information Comissioner's Office) Certificate
17 - Corporation tax payment confirmation for 2014,2015,2016.
19 - Corporation Tax final summary report
20 - PAYE final summary report
21 - P32
22 - Passport copies of all the employees (2 British, 1 Italian National- ID Card, UK Residence Card, Italian Passport Copy)
23 - Letters from Accountant regarding Investment as Share Capital
24 - NI Proof for all the employees
25 - P11 for all the employees
26. Last 4 Months Business Bank Statement
27. Company detailed accounts with clearly mention about the share holder details in Notes
28. AR01, SH01, CS01 from Companies House
29. Letter from Business bank confirming I am the signaturies on the Account
30. Website Domain Registration from WHOIS
31.PAYE Registration Letter with PAYE Ref. from HMRC
32. Confirmation Letter of the Pension for Employees
33. Employer End of year Summary
34. CT603, CT620, CT208
35. 2 Employees from last 1.5 years and 1 leave in June 2017, We hired new employee on same post in June 2017.. We need to add this employee in application form under the Same JOB TITLE..?
36. CAR Report dated 13/09/2017.
37. Marriage Certificate
38. Master Degree
39. Child Both Parts Birth Certificate
40. Bank transfer reciepts of Salary to Employees (In Sep 2017- there was a mistake in salary transfer due to software problem and I transfer £50 less to employee by bank transfer and paid in cash later, May, I need to mention this in Covering letter OR simply make a note on bank reciept for that month)
41. Detailed covering letter covering all points how I scored 95 points


My Business is in Profit from last 3 years and paid Corporation Tax for all 3 years, but at the same time from June 2016, I withdraw salary as employee of my Company. Hope I don't need to mention this in covering letter.

[CR001]

Please keep all your questions in ONE topic (this one).

No need to start a new topic with the same question.

[dev1313]

Sorry about that, But its all new topic, its not related to other topics befoe and no one even reply in the same topic as you mention.

Sorry If I am wrong, but I have't got single reply in previous topic.


Please correct if I am wrong.

Thanks

[CR001]

Why do you believe it is a 'new' topic/subject and not related to your other questions??

Are you not asking questions on exactly the same application??

See also Multiple Posts/Topics (click)

If members are not responding, it could be because your posts or questions are not clear.

[marcnath]

Hi


Thanks and congrats to all the forum members for sharing their valuaeable comments on this forum, its very useful for me from the begining. Here is the list of the final documents that I am looking to submit with UKVI.

Please confirm if anything is missing or Extra documents that not need to submit-

Application Route- 50k route through share capital.

1 - Application Forms - ok
2 - Passports of Main applicant and dependents (Old and New) - ok
3 - Previous BRP of Main applicant and dependents - ok
4 - Funds for Maintenance- Bank Statement covering 90 days and letter from bank confirming the same. - ok
5 - CH01 (Change of Particular of Director)- I joined the existing company as a new Director before the Initial application in 2014. - optional
7 - Insurance certificate (2014-2017) - optional
8 - Pay slips of all the employees (Signed by Myself) - ok
9 - FPS for each submission, P45, P60, Employee Joining statement (Signed by myself) - ok
10 - Letter from Business Bank confirming 5 transactions (I invested 50K in 5 instalments with various different amounts, therefore provide the letter from bank confirming the transactions) - optional - but Bank statements are mandatory
11 - Personal Bank Account statements which shows investment transferred to Business Account - ok
12 - Accounts with Compilation Report from Accountant (2014,2015,2016)- - ok though only one year needed
Bit confused here- which accounts we need to submit to UKVI, the "Total exemption small company accounts" that be submit to companies house or the detail accounts with Director report that we keep in our records. - Full report
13 - CA cover letter - not sure what this is
14 - CA letter which confirms each and every employee number of hours, hourly rate etc - optional. Since you joined an existing business, you need a letter from your accountant, but the content is different
15 - Business visiting cards. - optional
16 - ICO (Information Comissioner's Office) Certificate - optional
17 - Corporation tax payment confirmation for 2014,2015,2016. - optional. Only one needed to show investment into UK Company
19 - Corporation Tax final summary report - optional
20 - PAYE final summary report - optional
21 - P32 - optional
22 - Passport copies of all the employees (2 British, 1 Italian National- ID Card, UK Residence Card, Italian Passport Copy)
23 - Letters from Accountant regarding Investment as Share Capital - optional
24 - NI Proof for all the employees - optional
25 - P11 for all the employees - optional
26. Last 4 Months Business Bank Statement - only one needed to show investment into an UK business
27. Company detailed accounts with clearly mention about the share holder details in Notes - ok
28. AR01, SH01, CS01 from Companies House - optional but good to have
29. Letter from Business bank confirming I am the signaturies on the Account - optional
30. Website Domain Registration from WHOIS - ok
31.PAYE Registration Letter with PAYE Ref. from HMRC - optional
32. Confirmation Letter of the Pension for Employees - optional
33. Employer End of year Summary - optional
34. CT603, CT620, CT208 - only one of these needed
35. 2 Employees from last 1.5 years and 1 leave in June 2017, We hired new employee on same post in June 2017.. We need to add this employee in application form under the Same JOB TITLE..? - yes. you should have to jobs in your application though
36. CAR Report dated 13/09/2017. - ok
37. Marriage Certificate - optional if already on dependant pass
38. Master Degree - optional
39. Child Both Parts Birth Certificate - optional if already dependant
40. Bank transfer reciepts of Salary to Employees (In Sep 2017- there was a mistake in salary transfer due to software problem and I transfer £50 less to employee by bank transfer and paid in cash later, May, I need to mention this in Covering letter OR simply make a note on bank reciept for that month) - why complicate things by providing unnecessary payment receipts ?
41. Detailed covering letter covering all points how I scored 95 points - ok


My Business is in Profit from last 3 years and paid Corporation Tax for all 3 years, but at the same time from June 2016, I withdraw salary as employee of my Company. Hope I don't need to mention this in covering letter. - no

[dev1313]

Hi marcnath


Thanks for your valuable reply as before.

I understand all the points-

10 - Letter from Business Bank confirming 5 transactions (I invested 50K in 5 instalments with various different amounts, therefore provide the letter from bank confirming the transactions) - optional - but Bank statements are mandatory

As I applied through Share Capital, Still I need to provide the Bank statement to proff transctions from personal to business account..? Which Bank Statement you are mentioning here...?


12 - Accounts with Compilation Report from Accountant (2014,2015,2016)- - ok though only one year needed Bit confused here- which accounts we need to submit to UKVI, the "Total exemption small company accounts" that be submit to companies house or the detail accounts with Director report that we keep in our records. - Full report

We also need send 3 pages of the "Total exemption small company accounts" from companies house website OR only need to send 11 Pages long Accoun with Director Report and Accountant Compilation Report..?

14 - CA letter which confirms each and every employee number of hours, hourly rate etc - optional. Since you joined an existing business, you need a letter from your accountant, but the content is different


Could you please help me with letter conents, if possible.


26. Last 4 Months Business Bank Statement - only one needed to show investment into an UK business

Means do I need to provide all the personal and business account statement in which investment funds are transfer...? I hope its not mandtory in Share Capital Case.

[marcnath]

Hi marcnath


Thanks for your valuable reply as before.

I understand all the points-

10 - Letter from Business Bank confirming 5 transactions (I invested 50K in 5 instalments with various different amounts, therefore provide the letter from bank confirming the transactions) - optional - but Bank statements are mandatory

As I applied through Share Capital, Still I need to provide the Bank statement to proff transctions from personal to business account..? Which Bank Statement you are mentioning here...?

You are right. I overlooked the fact that you are on share capital. So ALL bank statements, bank letters, etc. regarding investment are not needed.

12 - Accounts with Compilation Report from Accountant (2014,2015,2016)- - ok though only one year needed Bit confused here- which accounts we need to submit to UKVI, the "Total exemption small company accounts" that be submit to companies house or the detail accounts with Director report that we keep in our records. - Full report

We also need send 3 pages of the "Total exemption small company accounts" from companies house website OR only need to send 11 Pages long Accoun with Director Report and Accountant Compilation Report..?

The 3 pages are part of the 11 pages, so no need to send both.

14 - CA letter which confirms each and every employee number of hours, hourly rate etc - optional. Since you joined an existing business, you need a letter from your accountant, but the content is different


Could you please help me with letter conents, if possible.

The contents are specified in the guidance. You can follow the guidance exactly.

26. Last 4 Months Business Bank Statement - only one needed to show investment into an UK business

Means do I need to provide all the personal and business account statement in which investment funds are transfer...? I hope its not mandtory in Share Capital Case.

Again, I overlooked that you have share capital, so no statements needed at all