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Does a freelancer have to be registered on the Commercial Register?

This depends solely on how they wish to run their business. If they wish to operate as a sole trader, then all that is required is to register with HMRC so that a self-assessment tax declaration can be filed annually for earnings. If the freelancer wants to start their business as an incorporated company, which may be advantageous in regard to tax and in keeping the business as a separate entity, then they must apply and be placed on the register once the registration process is complete.

What information is retained on the Commercial Register about a company?

The information held has the official company registration number (CRN), details of the current and previous officers of the company, the company address and the date it was set up, details of any mortgages attached to the company and information about any insolvencies. There is a legal requirement for companies to keep this information up to date by notifying any changes and also forwarding any required documents.

What is the Official Gazette?

This publication is the official public record for many areas of business and includes information about companies and small businesses that have successfully undergone commercial registration and whose details are on the Commercial Register. It is an easy way to carry out a company search for details of the company using either their name or the company registration number. This does not include records for freelancers who are operating as sole traders.

What is the procedure to apply for a business to be registered and placed on the Commercial Register?

Business registration can be completed either by post or online. Applications by post will usually take between eight to ten days to complete. There is an express service available, which involves delivering the application before 3 pm and paying a higher fee. The application must also be marked as same-day service. A business can be registered online if it is limited by shares and only uses the standard articles of association. The word “limited” must be used in the name of the business if it is being registered online or the registration will have to be done by post. The fee for online registration is lower and it is normally completed within 24 hours.

Are there more information and help about the Commercial Register?

The register is maintained by Companies House and its website offers help and step-by-step explanations about how to register a business with information and the payment that is required.

What has to be done before a business is ready to undergo registration?

The business must have an agreed official company name, which has to include the term “limited” if the registration process is to be carried out online. The business must have an official address and full details of any company directors and secretary. It is also necessary to have a memorandum and articles of association completed for the business. The latter document sets out the rules that have been agreed for the way in which the business is going to be run. The memorandum of association is a legal document that has to be signed by all shareholders and states their intent to start the business. This must be completed even if the company is being set up by a freelancer who is the only shareholder. This information and the necessary documents have to be submitted as part of the registration process and information will be extracted from it to be placed on the company’s entry in the Commercial Register once the registration process has been completed.

What to do if details on the Commercial Register need to be changed

Companies House need to be informed of certain changes and there are different time requirements depending on the changes:

If the constitution of the business or the articles of association have been changed, then Companies House must be informed within 15 days of the changes.
If additional shares are issued, then they must be told within one month.
For all other changes to the business, they must be informed of the changes within 21 days of the change happening.

All information presented here is based on experience and to the best of our knowledge. Please note that we cannot assume liability for the accuracy, topicality and completeness of the information provided. In particular, this content does not replace any legal or tax advice in individual cases. For advice on legal or tax matters, please contact your trusted lawyer or tax advisor.