Form IN01 is a Companies House Form which consolidated and replaced the previously used Form 10 and 12 as a means of completing a manual company formation submission.
Although over 95 percent of company registrations now utilise the online electronic facilities available from organisations such as Complete Formations, where a person prefers to set-up their companies manually they must use Form IN01 for all new incorporations submitted on or after 1st October 2009.
The standard Form IN01 comprises a total of eighteen pages with a number of continuation sheets available where, for example, additional space is required for numerous director, shareholder or company secretary appointees.
Form IN01 Fees
In line with the current Companies House initiative to encourage applicants to adopt the electronic company formations process, the fees payable when submitting Form IN01 incorporations are higher than those applicable to an online set-up.
They currently stand at £40 for a standard registration and £100 for a guaranteed same day company formation, with the requirement that the cheque for the appropriate amount is included together with the IN01 document.
Completing Form IN01
Although the Form IN01 is lengthy and comprehensive, in the majority of situations it is likely that some sections or part of sections can be left blank as they might not apply to the individual incorporation in question.
Whilst parts of the IN01 document are relatively straight forward to consummate other sections, for example, the statement of capital are typically found to be arduous both to comprehend and then to execute correctly.
Form IN01 - Part 1 - Company Details
Part 1 of the IN01 form requires the applicant to enter the chosen company name in full with a reminder that the rules governing similar names will apply when Companies House asses the name’s acceptability.
The regulations as they apply to reserved and sensitive words must also be borne in mind and any supporting information required to justify the use of a particular phrase would need to accompany the company formation application.
The Part 1 section of the IN01 form then continues with a facility to omit the word “Limited” from the company name should the type of entity being registered be one limited by guarantee. Formerly under section 30 of the Companies Act 1985, the new 2006 act now accommodates this exemption under section 60.
The remaining parts of the first page of the Form IN01 cover the type of company incorporation which is being presented. The choices are those which are private limited by shares or guarantee, public limited companies and unlimited businesses with or without a class of shares. A simply tick in the appropriate box is all that is required in this section.
In line with the necessity for every UK company to have a registered office in England, Wales, Scotland or Northern Ireland, the company registration application requires that the appropriate jurisdiction be identified and then the actual physical address be supplied.
Section A7 of part 1 of the IN01 requests an indication of the type of memorandum and articles of associations to be used in the manual company formation. There are two alternatives which can be elected. The first states the intension to adopt the Companies Act 2006 model articles in their entirety whilst the latter option facilitates the making of amendments and alterations to cater specific provisions which the company wishes to integrate in to its constitution.
The further option exists for entrenchment of the articles to prevent future changes being made to specific provisions contained therein. A separate notice would have to be received by the Registrar of Companies before a motion to alter the articles would be accepted.
Form IN01 - Part 2 - Proposed Officers
Part 2 of the IN01 form is the section where the proposed company officers are stated. This branch of the document requires identical information to that which the Forms AP01 and AP02 request in the instance of appointment an individual or corporate director.
Sections B1 to B3 should be completed where an individual secretary is to be appointed as part of the company incorporation whereas corporate secretaries’ details would be entered in sections C1 – C5. The additional sections applicable to corporate secretaries include their European Economic Area designation and the resultant information on that jurisdiction.
Parts D1 to D4 are specifically for the appointment for directors who are individuals and who will be named when at the time of the company’s registration. Unlike secretaries, the appointment of at least one director who is an individual person is mandatory when making the incorporation application. This applies whether the submission is carried out electronically or manually using the Form IN01.
A point to note is that the director's service address and the residential address sections for the appointment of an individual director are on separate pages. Thus this enables Companies House to eliminate the private residential details during the publication of the company’s registration documents.
E1 to E5 of the Form IN01 caters for the assignment of a corporate company director again requesting information of their European Economic Area inclusion or otherwise as well as basic incorporation details.
Form IN01 - Part 3 - Statement of Capital
General guidance and information on the statement of capital is addressed in a separate article within our web pages and therefore will not be repeated here.
It is common for errors to occur and mistakes to be made whilst completing this section of the Form IN01 and thus it is advised that due care be exercised. As with all Company House Forms, the documents will be returned to the sender should information be omitted or contain errors.
Form IN01 - Part 4 - Statement of Guarantee
Applicable only to formations of companies limited by guarantee part 4 of the Form IN01 requires each member to state their acceptance of the obligations to the company in terms of the liability for any unpaid debts the enterprise might generate.
Crucial to this statement is the amount to be guaranteed in the event of the company winding up. It is common for the liability of each member to be fixed at £1 or £10 but another figure can be entered if required.
Form IN01 - Part 5 - Statement of Compliance
Both subscribers in companies limited by guarantee and those limited by shares must complete part 5 for the IN01 form’s statement of compliance. This replaces what was known as the declarants confirmation under the previous Form 10 and 12 regime.
The subscribers to the company incorporation sign their names as evidence that they (and the application) have complied with the regulations stated by the Companies Act 2006.
Finally, in unison with other Companies House documents the IN01 company registration form contains presenter information on its final page, giving the opportunity to enter information of where the registration documents should be despatched to once the set-up has been reviewed and accepted.
Form IN01 requires a PDF reader such as the one downloadblee free from Adobe.
