Overview
The United Kingdom (UK) has been a place of attraction for all the business hubs over the world. Due to the well-equipped infrastructure, best quality facilities along with strong governance that ensures well-implementation of the rules and regulations the UK has become the most chosen place for commencing a new business. The documents and other formalities required for incorporation of a company in the UK have been discussed below. The article also explains the process of incorporation for non-residents and in the final section of the article advantages of incorporation have been discussed.
Requirements For Incorporation In The UK
Following are the requirements for incorporation in the UK:
Documents that are required-
- Constitutional Documents- A brief description of the intention of owners for forming a company in a document as well as to be a member of the company on incorporation is known as the Memorandum of Association (MOA). The Articles of Association (AOA) is regarded as the principal constitutional document of the company. All the administrative provisions relating to the operation of the company as agreed by the members are contained in this. The chief decisions taken by the members as well as the directors concerning matters such as shares, general meetings, appointment, powers of the directors, board resolutions, notices ensuring the efficient running of the business are set out in the AOA. It is at the discretion of the company whether to adopt a form of Model of Articles as defined by Statute or adopt its own Articles.
- Name of Company- An unique, non-identical name has to be chosen by a private limited company in the UK. One has to keep in mind while choosing the company name not to choose any sensitive or expression that is offensive in nature.
- First officers- Directors and company secretary are the first officers of the company.at least one director is required for a private limited company in the UK. The director must be a living person and at least 16 years of age. The directors must not be disqualified from becoming a director. However, a minimum of two directors is advised for a company that helps ensure continuity in case one director resigns or is unable to act. Appointment of a Company Secretary is not mandatory for a private limited company in the UK provided it has been specified in the articles of association of the company. Any organisation of an individual can be the company secretary.
- Capital of the company- The information, as well as details of the shares of the company along with their valuation, is mentioned in the statement of the capital. This statement also contains the classes of shares including different rights such as voting rights, dividend rights, capital rights as well as redemption rights.
- Significant control by the individuals- while the incorporation of the company any individual having significant control of the company must be registered during the incorporation. The objective of registering the individual is to enhance the trust among the corporate bodies as well as the transparency. Thereby making it evident as to under whose control the company functions. An individual with significant control is an individual or a legal entity having a share in the ownership, voting rights, has the power of appointing directors or controls the operation of the company.
- Standard Industry Classification (SIC Code)- the Companies House description of the nature of business of the company is provided by this SIC code. A condensed version of a full list of codes available from the Office of National Statistics (ONS) is used by the Companies House.
While registering a UK Limited company, company name, director, shareholder, registered address of the company, where it will run its business along with the address of the directors’ service address is required.
Registration Of Company In The UK For Non-Residents
Establishing a limited company in the UK is regarded as the easiest and inexpensive in the world. This strategy of incorporation of a company helps in strengthening the economy of the UK. However, when a company is registered in the UK but the place of carrying on business is outside the United Kingdom, then it might be considered as non-resident for corporation tax. Any company registered in the UK that carries its business in the UK is liable according to the local tax legislation. In the above case, it has to be determined if a ‘double taxation treaty’ has been entered between the UK and the other country where the business is carried out. The UK companies have no restriction in operating as per the European law within the EEA. Thereafter, companies registered in the United Kingdom have no trade restrictions that enable them to carry out their business all over the world.
The difference between the registration procedure in the case of non-residents is minimal as compared to the residents of the UK. In order to commence a business in the UK, residence in the UK is not a mandatory requirement. Non-residents can become directors, shareholders, or company secretary of the company. However, one essential condition required for registration for non-residents is that the company should have registered with the Companies House in England and Wales, Scotland, or Northern Ireland, based on the location of the company.
Advantages Of Incorporation In The UK
The following are the main advantages for the incorporation of a company in the United Kingdom.
- The minimum paid-up capital required for incorporation of the company is £1 whereas other countries have high cost of incorporation and lengthy period for completing the incorporation.
- The procedure for incorporating a company is convenient and can be completed within 24 hours. The physical presence of the owner or director of the company is not required.
- No citizenship is required for registration of the company in the UK. However, certain restrictions are placed on the non-resident prior to registering a limited liability company.
- The share capital for establishing a company in the UK can be made in currencies of other countries.
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