The Small Business, Enterprise and Employment Act 2015 – Timetable shifts
You may have seen from previous Articles that the next implementation of The Small Business, Enterprise and Employment Act 2015 (SBEEA) was due to come into force in December 2015. It was announced earlier this week that the two sections due to be implemented next month would now not be implemented until April 2016.
The two sections were the new dispute services for directors and registered offices.
As has been alluded to in previous Articles, the Directors Dispute service will allow directors recourse where they do not believe that they have consented to act to be the director of a particular company. The Company will need to prove that the director has consented to act, which is why we recommend that all new director appointments are consented to in writing and such consents kept on file.
The Registered Office dispute service is very similar. Should you find that your address is being used as the registered office for a company and you did not consent to its use, you would use this service to dispute the fact. Again, the onus will be on the company to prove that it did have permission to use the address. If the complaint is upheld the company's registered office address will be moved to a Companies House address set up for the purpose. Should the company then wish to use a different address, because it wants to remain on the register, it will need to provide evidence to Companies House that it has permission to use any new address.
At the current time these are the only two changes to the current implementation timetable but should the timetable slip again we will endeavour to make the information available.