Each month, Insolvency Guru Malcolm Niekirk hosts a FREE webinar for Insolvency Practitioners on different topics.
This month Malcolm had around 175 practitioners watching his webinar on, Companies House Reforms, live. In case you missed it you can watch the full video and read the key takeaways below.
What is changing at Companies house?
The Economic Crime and Corporate Transparency Act 2023 is phasing in changes to the Companies Act 2006 and marks the biggest change in Companies House History.
The changes are making Companies House a register of record that can be relied on in law. For example, if someone is listed as a director on Companies House, you can be certain they are. If they’re not listed, they’re not a director and therefore can’t act as one.
What are the objectives of these changes?
The main objective of these changes is,
- Compliance
- Accuracy
- Reliability
- Fraud prevention
What are the key changes that will affect insolvency practitioners?
Email addresses
In March 2024 the first changes to the Companies Act 2006 came into effect. All registered companies must now have an official email address.
The purpose of this email address is for Companies House to be able to contact you directly, regarding official notices, i.e. a notice of striking off. They will not publicise this email address.
“Insolvency Practitioners may wish to use a single email address for Companies House across all appointments, so that all official notices go to one place.” Malcolm Niekirk
After the Companies House reforms, what are the options for insolvency practitioners when filing with Companies House?
There are three main options for Insolvency Practitioners, when verification to file with Companies House comes into force (late Spring 2026), they are:
- Individual ID verification for yourself
- Personal registration as an ACSPs
- Firm registration as an ACSPs
What are ACSPs?
ACSPs are Authorised Corporate Service Providers, which are UK regulated professionals authorised by Companies House to verify identities and file documents for others.
Firms could start registering as an ACSPs from 18 March 2025. Directors started coming under compulsory ID verification from 18 November 2025.
Why should Insolvency Practitioners register as ACSPs?
Individual ID verification is likely to be unsatisfactory. Although an IP choosing this option will be able to authorise colleagues to file on their behalf, that authority is limited. For example, those colleagues may not be able to file on behalf of the insolvent company (in which case they may not be able to file, for example, changes to the registered office address, or winding up resolutions). They may also be unable to file documents for a joint office-holder.
Probably most IPs will therefore want to register as an ACSP. It’s likely that most will take the option of firm registration, rather than individual registration. Once registered as an ACSP, members of the team can be authorised to file all documents that need to be delivered to Companies House.
IPs intending to register as ACSPs should do so now, to ensure they are ready for the next big change. By late spring 2026 everyone who files documents with Companies House will need to be verified.
What are the changes to Identity verification for Directors?
In April 2025 voluntary ID verification for Directors began and on 18 November 2025, mandatory ID verification began to be phased in, over a 12 month period.
What are new Directors meant to do?
After appointment as a director, they must register their appointment with Companies House and verify their identify.
They are not allowed to act as a director until they have done that.
What are the consequences of having an unverified director?
It’s a criminal offence to act as a director when you are not registered at Companies House or if your identity has not been verified.
These offences are the ‘only consequences of contravening’. The legislation also says that ‘for example, a contravention does not in any way affect the validity of an individual’s acts as a director’.
What does this mean for Insolvency Practitioners?
It’s clear that liquidators (for example) will not be able to set aside transactions simply because they were entered into by an unregistered or unverified director.
As a liquidator you will, of course, report any breach like this on your D report. Will the Insolvency Service seek to disqualify some directors for failing to verify their identities? Time will tell! But directors can be disqualified for persistent or serious breaches of the Companies Act.
Similarly, the fact that prosecution for the offences is intended to be the ‘only consequence of contravening’ the duty to verify identity may not stop liquidators and administrators from bringing civil actions against directors. The claims might be based not on the failure to verify identity (for example). Instead, they might be based on the failure of an unverified director to comply with their duty not to act as a director. Such claims might include:
- Misfeasance claims;
- Trespass claims;
- Claims for breach of statutory duty.
Insolvency practitioners will, no doubt, watch the law reports with interest, to see if any claims of that sort are reported.
Insolvency Coffee Break Briefings
Thanks for reading this short summary. You can watch the full, detailed webinar here. If you have any questions after reading this article, please don't hesitate to get in touch with our bright and experienced team. Call us on 01202 499255, or fill out the form at the top of this page, for a free initial chat.
Never miss out on one of Malcom's FREE briefings again, and sign up to receive updates here.
Comments