Evidencing the investment - per Guidance

[marcnath]

As mentioned previously, the register of members is only required if the accounts does not show all the shareholders and the value of the shares.
If you read the link that I sent before, for the Companies house to have the register of members, the business must first decide that they want Companies house to maintain the register, pass a resolution to that effect and inform the companies house (how to do this informing is the part that is not clear to me). Only after that will the Companies house have the register of members.
And yes, the CS01 will have that information and you can attach it.
But your best option is to get the annual accounts to have the information need (all shareholders and share values)

[kaps84]

Sure, Thanks @marcnath, I will get the information into my upcoming annual (and final before extension) accounts and will send only the final accounts (since 200k investment has been done in this year only).

[kaps84]

Hi Gurus, I need your help in validating the Job Creation below:

Job Validation - Background.png (13.54 KiB) Viewed 1521 times

I plan NOT to claim any points for Employee 3, since their hourly rate was less (whereas the other two employees have a fairly similar hourly rate)

Job Validation - Job 1.jpg (43.93 KiB) Viewed 1521 times

Kindly Note that for the Job 2 below, the 12 months period is not in continuation :

Job Validation - Job 2.jpg (43.65 KiB) Viewed 1521 times

[kaps84]

Please let me know your thoughts, do you see any problem with the above ?

[marcnath]

Please let me know your thoughts, do you see any problem with the above ?

I don't see any problems. But neither do I see a problem in using Employee 3, unless the pay is below minimum wage. Your FPS will possibly have the information on Employee 3 anyway.

[kaps84]

Thanks Marcnath !

Just wanted to double check if everything is OK with the gap mentioned in Job#2, hourly rate, duration employee served and skipping an employee.

I am actually skipping an employee so as to avoid the question to why this employee is paid much less than the other employee who served in the same Job.

By the way:
1) Hourly rate has been calculated based on the 35 hours/week for all the employees as per their contract. - I am not planning to send any employment contract as this is not a mandatory requirement.
2) My employees were paid monthly salaries.

[marcnath]

Thanks Marcnath !

Just wanted to double check if everything is OK with the gap mentioned in Job#2, hourly rate, duration employee served and skipping an employee.

I am actually skipping an employee so as to avoid the question to why this employee is paid much less than the other employee who served in the same Job.

By the way:
1) Hourly rate has been calculated based on the 35 hours/week for all the employees as per their contract. - I am not planning to send any employment contract as this is not a mandatory requirement.
2) My employees were paid monthly salaries.

It should be ok with the gap -that is allowed under the rules. And you can always say Employee #3 was doing a different job (even if it is the same title). So I don't see any issue with that.
It is ok to calculate at 35 hours per week - you can also use the calculator at https://www.thesalarycalculator.co.uk/. And there is no need to send contracts.

[kaps84]

Thanks @marcnath!

With reference to the cover letter shared by you here: download/file.php?id=1184

What is "3. Employee Payment Records - 2 Nos" ?

I know of P32, which is the "Employer's Payments". Is it the same?

And what is "Co-habitation evidence" - Could you please give me a brief and Is this necessary?

[kaps84]

Did you send the copy of most of the documents ? (where on the cover letter, it says COPY) - Is this really required? what was your intent ?

[kaps84]

Questions on "Annual Accounts" to be sent along with application:

My Accountant provides me two type of accounts:

1) Filleted Accounts - These are transmitted (online) to Companies House by my accountant. This does not contain any signatures. However, A signed copy was given to me by my accountant.
It contains:
a) Report to the directors by accountant.
b) Balance Sheet.
c) Notes to the accounts.

2) Report and Accounts - This was NOT sent to HMRC. A signed copy was given to me.
It contains:
a) Company Information.
b) Director's Report.
c) Accountants' Report.
d) Profit and Loss Account.
e) Balance Sheet.
f) Statement of changes in equity.
g) Notes to the accounts.

Now the question is do I need to send only the 'Filleted Accounts' - signed copy, which Companies House already has?

or 'Report and Accounts'

or 'Both' ?

[marcnath]

Thanks @marcnath!

With reference to the cover letter shared by you here: download/file.php?id=1184

What is "3. Employee Payment Records - 2 Nos" ?

I know of P32, which is the "Employer's Payments". Is it the same?

And what is "Co-habitation evidence" - Could you please give me a brief and Is this necessary?

The example was an ILR application.

EPR was needed in my case because I was using Job creation of a "business that I had joined". It is not needed for new businesses.

Co-habitation evidence is for dependant and needed only in case of ILR

[marcnath]

Did you send the copy of most of the documents ? (where on the cover letter, it says COPY) - Is this really required? what was your intent ?

Yes - SET (O) explicitly required copies to be attached.

[marcnath]

Questions on "Annual Accounts" to be sent along with application:

My Accountant provides me two type of accounts:

1) Filleted Accounts - These are transmitted (online) to Companies House by my accountant. This does not contain any signatures. However, A signed copy was given to me by my accountant.
It contains:
a) Report to the directors by accountant.
b) Balance Sheet.
c) Notes to the accounts.

2) Report and Accounts - This was NOT sent to HMRC. A signed copy was given to me.
It contains:
a) Company Information.
b) Director's Report.
c) Accountants' Report.
d) Profit and Loss Account.
e) Balance Sheet.
f) Statement of changes in equity.
g) Notes to the accounts.

Now the question is do I need to send only the 'Filleted Accounts' - signed copy, which Companies House already has?

or 'Report and Accounts'

or 'Both' ?

Just the Report and Accounts - the Accountant's report I assume is the compilation report required by HO

[kaps84]

Thanks marcnath, for your responses and for clarifying that the sample application document is for ILR and not specifically for extension application.

and with respect to your comment
"
Just the Report and Accounts - the Accountant's report I assume is the compilation report required by HO
"

Well let me clarify two things here:

1) That "Report to the directors by accountant." in Filleted accounts and "Accountants' Report' in 'Report and Accounts" is actually same (word to word).
2) that it doesn't specifically says that it's a 'compilation report', however, wordings are :

"Report to the directors on the preparation of the unaudited statutory accounts of XYZ ltd for the year ended xx Jan 201x.

In order to assist you to fulfil your duties under the Companies Act 2006, we have prepared for your approval the accounts of XYZ ltd for the year ended xx Jan 201x which comprises of the Profit and Loss Account, the Balance Sheet, the Statement of Changes in Equity and the related notes from the company's accounting records and from information and explanations you have given us.

As a practicing member firm of the Association of Chartered Certified Accountants, we are subject to its ethical and other professional requirements which are detailed at http://rulebook.accaglobal.com/

This report is made solely to the Board of Directors of XYZ ltd, as a body, in accordance with the terms of our engagement letter dated xx xxxxxxx xxxx. Our work has been undertaken solely to prepare for your approval the accounts of XYZ ltd and state those matters that we have agreed to state to the Board of Directors of XYZ ltd, as a body, in this report in accordance with the requirements of the Association of Chartered Certified Accountants as detailed at <URL>/. To the fullest extent permitted by law, we do not accept or assume responsiblity to anyone other than XYZ ltd and its board of directors as a body for our work or for this report.

It is your duty to ensure that XYZ ltd has kept adequate accounting records and to prepare statutory accounts that give a true and fiar view of the assets, liabilities, financial position and profit of XYZ ltd. You consider that XYZ ltd is exempt from the statutory audit requirement for the year.

We have not been instructed to carry out an audit or a review of the accounts of XYZ ltd. For this reason, we have not verified the accuracy or completeness of the accounting records for information and explanations you have given to us and we do not, therefore, express any opinion on the statutory accounts.

<Signed>
Mr. ABC (FCCA)
DEF services ltd.
Chartered Certified Accountants
<Address>

Date: xx xxxxxxx xxxx
"

Is it the compilation report?

[marcnath]

Yes, that broadly seems to fit the requirements of a compilation report

[kaps84]

Great, Thanks @marcnath !

[kingraja]

Did you send the copy of most of the documents ? (where on the cover letter, it says COPY) - Is this really required? what was your intent ?

Yes - SET (O) explicitly required copies to be attached.

Hi Marcnath, did you sended application's form copy as well or just copies of other documents?

[marcnath]

Did you send the copy of most of the documents ? (where on the cover letter, it says COPY) - Is this really required? what was your intent ?

Yes - SET (O) explicitly required copies to be attached.

Hi Marcnath, did you sended application's form copy as well or just copies of other documents?

Just the documents

[kaps84]

Hi Gurus / Marcnath,

I am filling up the extension application forms and landed up on page 42:

(A brief background in context of this question: T1E 200K route, Director, Share Capital)

Ref: Section 3 (Sub-section L). Registered as self-employed or a director of a new or existing business within six months of entering the category

L4. Please tick to confirm you have provided the appropriate evidence to demonstrate your
registration:
Option 1: HM Revenue & Customs documentation
Option 2: Companies House documentation

My Question: Am i supposed to tick either of the two options or both? - I can possibly provide documents for both (First, HMRC - Corporation tax letter sent to me by HMRC after company registration. Second, Companies House - Companies registration certificate & share holding document sent by companies house after company formation). Having said that, I am confused and concerned if Option 1: HMRC is only to be ticked by self-employed people?

Similarly, Question M2 on page 43 of the application form:

(Sub-section M - M. Engaged in business activity at the time of the application for further
leave (extension) (15 points available) )

M2. Please tick to confirm you have provided the appropriate evidence to demonstrate your
registration:
Option 1: HM Revenue & Customs documentation
Option 2: Companies House documentation

Here I can possibly provide the Latest VAT tax submission against HMRC documentation
And for companies house, I can provide the current appointment report.

Again the same thing, I am confused and concerned if Option 1: HMRC is only to be ticked by self-employed people? or Do I have to tick both ?

[marcnath]

You are right - the general principle is HMRC documentation for Self-employed, Companies House for Director.
You definitely need the Companies house Director and as the question says, it is an option between the two.

[kaps84]

as the question says, it is an option between the two.

ah sorry it was me who put the keywords 'Option 1' and 'Option 2' they don't exist in the application form.

In general, it seems to be the principle as you quoted.. but what if that's not 100% true ? Do you think I should send documents against both? and tick both ?

[marcnath]

as the question says, it is an option between the two.

ah sorry it was me who put the keywords 'Option 1' and 'Option 2' they don't exist in the application form.

In general, it seems to be the principle as you quoted.. but what if that's not 100% true ? Do you think I should send documents against both? and tick both ?

The HMRC documents don’t show you as Director which is what this section is for.
The CAR is sufficient

[kaps84]

Another question in continuation to my above question (@marcnath, you suggested CAR, in the latest response):

Ref: https://www.gov.uk/guidance/immigration ... attributes

Quoting (first check - registration within 6 months):

"
Business activity: specified documents

47. The applicant must provide the following specified documents, showing that they obtained the necessary business registration within the 6 month period referred to in Table 5 or 6:
(a) if the applicant was self-employed, evidence of their registration with HM Revenue & Customs;
(b) if the applicant was a director of a UK company or member of a UK partnership, a printout from Companies House of the company’s filing history page and of the applicant’s personal appointments history, showing the date of their appointment as a director or member.
"

They have asked for filing history page + personal appointments history

I know the 'filing history' is available in CAR, and personal appointment history for the business in question is also available in CAR (but here they have not specified current appoint report or CAR as a document) - My understanding is that I should be sending a printout from https://beta.companieshouse.gov.uk (searching the company name, going to 'filing history' tab - print it, go to 'people', select 'my name', it opens my appointment history - print it.

Quoting next: (Second check - engaged in the business activity immediately before applying extension):

"
48. The applicant must provide the following specified documents to show that they have established a new UK business or joined or taken over an existing business, and that they are engaged in business in the UK when they make their application:
(a) <Removed, Not applicable to my case>

(b) if the applicant is a director of a UK company or member of a UK partnership, they must provide:
(i) printouts of Companies House documents, dated no earlier than three months before the date of the application, showing all of the following:
(1) the address of the registered office in the UK, or head office in the UK if it has no registered office,
(2) the applicant’s name, as a director or member,
(3) the date of the applicant’s appointment as a director or member, and
(4) that the business is actively trading (not dormant, struck-off, dissolved or in liquidation),
(ii) evidence from HM Revenue & Customs confirming that the company is registered for corporation tax (if the applicant is a director of a company) or that the applicant is making tax returns within the self-assessment tax system (if the applicant is self-employed), and
(iii) a business bank statement from a UK account which shows business transactions, or a letter from the UK bank in question, on its headed paper, confirming that the company or partnership has a bank account, that the applicant is a signatory of that account, and that the company or partnership uses that account for the purposes of their business.
"

Here they have requested document from both companies house and HMRC (not just companies house).

point 48 (b) (i) 1,2,3,4 - covered by CAR (Though it is not an explicitly specified document here)
point 48 (b) (ii) - is covered by only the letter HMRC sends for corporation letter, once the company is formed.
point 48 (b) (iii) - A latest statement or a letter for bank is indeed required here.

[zimba]

You are overthinking this. The CAR is enough as it shows both the filing history and appointment history

[kaps84]

Thanks @Zimba88 and @marcnath, you guys are amazing! Appreciate your patience while replying. Most dangerous response is the latest one from Zimba88

You are overthinking this

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