{"id":6697,"date":"2019-09-02T14:31:13","date_gmt":"2019-09-02T13:31:13","guid":{"rendered":"https:\/\/www.qualitycompanyformations.co.uk\/blog\/?p=6697"},"modified":"2025-01-13T08:57:19","modified_gmt":"2025-01-13T08:57:19","slug":"company-formation-myths-debunked","status":"publish","type":"post","link":"https:\/\/www.qualitycompanyformations.co.uk\/blog\/company-formation-myths-debunked\/","title":{"rendered":"Company formation myths debunked"},"content":{"rendered":"
There are many widely-held misconceptions about UK company formation. We know this because of our years dedicated to providing incorporation and company secretarial services.<\/p>\n
Much of these commonly held beliefs are simply not true. What’s more, they discourage new and existing businesses from incorporating and benefiting from the many advantages of trading as a limited company.<\/p>\n
In this blog, we cut through the fiction and get to the truth concerning company formation in the UK.<\/p>\n
In the past, it was expensive to set up a limited company in the UK. In 1975, for example, the cost of company formation was \u00a350.00, which is equivalent to approximately \u00a3400 in 2023 – and around the same as a weekly wage.<\/p>\n 5 things you need to form a limited company<\/span><\/a>\n \n In the UK today, you can register a limited company for less than \u00a352<\/a>. However, please bear in mind your company will need a registered office address.<\/p>\n If you don\u2019t want to use your home address for this purpose, you can invest a little more and also protect the privacy of your home by using a virtual registered office and service address – see our Privacy Package<\/a> costing \u00a353.99.<\/p>\n The time required to register a company in the UK ranges from a few hours to over a week, depending on which method of incorporation you choose.<\/p>\n Online registration through a company formation agent takes the least amount of time \u2013 the application form takes around 5 minutes to complete, and most companies are registered and ready to trade within 24 hours.<\/p>\n How long does it take to set up a limited company?<\/span><\/a>\n \n At the other end of the scale, Companies House postal applications take 8-10 working days to process and the chances of rejection are considerably more than with online applications.<\/p>\n In the past, most people used an accountant or a solicitor to set up a limited company. Thanks to the advancement of technology, company formation is now much quicker, easier, and affordable.<\/p>\n Today, the vast majority of people set up their own companies online using a company formation agent or the Companies House website.<\/p>\n You can certainly use an accountant to set up a limited company, but it will cost more \u2013 usually around \u00a3250.00.<\/p>\n Every share has a nominal value, which represents a shareholder\u2019s personal liability for company debts. Therefore, the more shares that a company issues, the higher the financial liability of its shareholders.<\/p>\n A company that is set up with just one shareholder and one director need only issue one share. There is no real benefit to issuing more shares than you need, unless you\u2019re planning to sell them in exchange for investment, or a higher quantity makes it easier to apportion ownership between multiple shareholders.<\/p>\n Our Issue of Company Shares Service – only \u00a379.99<\/a><\/p>\n If you are at all unsure about the share structure of your company, it is important to speak to an accountant.<\/p>\n The nominal value of shares that a company issues during and after incorporation do not reflect the size of the business. This \u2018nominal\u2019 value simply reflects the limit of the shareholders\u2019 liability for company debts.<\/p>\n For example: if a company issues 100 shares with a nominal value of \u00a31 each, the total personal liability of the company\u2019s shareholders is \u00a3100.<\/p>\n What does it mean to have shares in a company?<\/span><\/a>\n \n The true value and size of the company, however, will usually be completely different.<\/p>\n A huge company worth millions of pounds may have just one or two shares that are owned by one or two individuals. Whereas, a tiny startup which has yet to make a profit could have 1000 shares split between 100 shareholders.<\/p>\n It is not always the case that shares need to be paid at the time of company formation. It depends entirely on what is stipulated in the company\u2019s articles of association<\/a> and\/or shareholders\u2019 agreement.<\/p>\n Under the \u2018model articles\u2019<\/a>, which the vast majority of private companies adopt, shares issued at the time of incorporation do not require being paid. However, all shares allotted thereafter, require being paid in full at the time of issue.<\/p>\n Company shares \u2013 paid, unpaid and partly paid<\/span><\/a>\n \n If a company wishes to include different provisions for the payment of company shares, it must alter the model articles, create bespoke articles, and\/or draw up a shareholders\u2019 agreement.<\/p>\n Most UK companies, especially small ones, issue shares in British Pounds Sterling. However, companies are permitted to issue shares in any denomination or currency.<\/p>\n This may be beneficial or necessary for one or more share classes if a company carries out significant trading activities in a different country or has major investors in non-UK countries.<\/p>\n There are very few bureaucratic barriers to registering a company in the UK, which is of great benefit to many small business owners, entrepreneurs, and the economy as a whole.<\/p>\n Most people can register a company in the UK; however, you cannot do so if you are:<\/p>\n There are no statutory restrictions relating to residency or nationality, which means that non-UK residents are permitted to set up and run a UK limited company.<\/p>\n You need at least two shareholders (and a company secretary) to form a public limited company (PLC), but only one shareholder is required to form a private limited company (LTD) in the UK.<\/p>\n In fact, the same person can be the sole director and sole shareholder, allowing just one individual to set up a company, have full ownership and control of the business, and receive 100% of any profits.<\/p>\n This is a suitable and popular set-up for all types of small businesses, including startups, entrepreneurs, sole traders, and self-employed persons.<\/p>\n Not true! You can incorporate a UK company without a UK-resident director or shareholder.<\/p>\n Regardless of nationality or country of residence, one person can set up and run a UK limited company from anywhere in the world. However, they require being at least 16 years old, not an undischarged bankrupt or disqualified director.<\/p>\n They also need to maintain a registered office address in the same UK country as incorporation.<\/p>\n Whilst it is commonplace for directors of a company to also be shareholders in the business, it is not a legal requirement. Directors can simply be appointed by shareholders to manage a company on their behalf. In such cases, the directors act as agents of the company.<\/p>\n Shareholders are the owners of a company. There is no legal requirement for shareholders in a company to also be directors, but it is quite common for the same person or persons to hold both positions.<\/p>\n As such, shareholders may choose to appoint themselves as directors and run the company themselves.<\/p>\n If this were the case, we\u2019d have some questionable company names<\/a> on the go! There would also be a great deal of confusion and many corporate disputes due to multiple businesses sharing identical company names.<\/p>\n Can my company have the same name as another company?<\/span><\/a>\n \n Thankfully, Companies House imposes very strict, yet sensible rules and regulations. As a result, you can only register a company name that:<\/p>\n Check out the GOV.UK website for more information on incorporation and names<\/a>.<\/p>\n Registering your company at Companies House does not provide any rights or protection other than preventing another company from incorporating under the same name.<\/p>\n Your company name will not have trademark protection unless you register it as a trademark. Furthermore, the availability of a company name does not mean that it is not a registered trademark.<\/p>\n There is no need to provide your own articles of association when you register a limited company in the UK. Standard articles, based on the Companies House \u2018model articles\u2019 will be provided by your company formation agent. These are suitable for the vast majority of UK limited companies.<\/p>\n What are the articles of association?<\/span><\/a>\n \n Should these default articles not meet the needs of your new company, for example, if you need to issue more than one class of share or include pre-emption rights, it is possible to amend the articles accordingly or create bespoke articles. In such cases, professional advice is recommended.<\/p>\n When you register a company at Companies House, you need to choose a specific Standard Industrial Classification (SIC) code<\/a> to describe the nature of your business, i.e., what your company does; the services it provides and\/or the products it sells.<\/p>\n Choosing a SIC code for your limited company<\/span><\/a>\n \n One SIC code is usually sufficient for most companies. However, you can select up to four, if necessary.<\/p>\n If your business activities change, you can simply choose a new SIC code or additional codes. Your company is not restricted to the original SIC code(s) selected.<\/p>\n"},"excerpt":{"rendered":" There are many widely-held misconceptions about UK company formation. We know this because of our years dedicated to providing incorporation and company secretarial services. Much of these commonly held beliefs are simply not true. What’s more, they discourage new and existing businesses from incorporating and benefiting from the many advantages of trading as a limited…<\/p>\n","protected":false},"author":10,"featured_media":6767,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false},"categories":[1231],"tags":[],"class_list":["post-6697","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-company-formation","category-1231","description-off"],"acf":[],"yoast_head":"\nIt takes a long time to register a company<\/h3>\n
You need an accountant to form a limited company<\/h3>\n
It is better to issue a lot of shares<\/h3>\n
The value of shares issued reflects the size of a company<\/h3>\n
Shares need to be paid for – at the time of incorporation<\/h3>\n
Shares can only be issued in British Pounds Sterling (GBP)<\/h3>\n
Anyone can register a company<\/h3>\n
\n
You need at least two people to form a limited company<\/h3>\n
You need at least one UK-resident to set up a UK company<\/h3>\n
Directors have to be shareholders and vice versa<\/h3>\n
You can register a company using any name<\/h3>\n
\n
Registering your company name provides trademark protection<\/h3>\n
You need to provide your own articles of association<\/h3>\n
You have to define your business activity and not deviate from it<\/h3>\n
5 things you need to form a limited company<\/a><\/blockquote>