Companies House

Second Filings FAQ

What are ‘Second Filings’ (Forms RP04 and LL RP04)?

A ‘Second Filing’ is a new facility that enables companies and Limited Liability Partnerships (LLPs) to resubmit certain forms that had been previously registered by the registrar but which contained inaccurate information. For example an incorrect date of birth on a notice of an appointment of a director (Form AP01) etc.

How do I submit a ‘Second Filing’?

This is done by resubmitting a fully completed form (a corrected version of the original form that contained inaccurate information), together with an attached Form RP04 (for companies) or Form LL RP04 (for LLPs). A separate Form RP04 or LL RP04 must be attached to each form that is being second filed.

Will the original form containing inaccurate information be removed?

No. The original inaccurate information and form will remain on the register indefinitely, or until a successful application for rectification is made either by court order or by application to the Registrar.

However the company or LLP details recorded on Companies House systems will be corrected and searchers will also be able to see the corrected ‘Second Filed’ document (as well as the accompanying RP04 or LL RP04). This will also explain what has happened.

When will second filings be available?

The ‘Second Filing’ facility was made available on 6 April 2011.

What forms can be ‘Second Filed’?

For companies:

• AP01, AP02, AP03, AP04 – Appointment of director, corporate director, secretary or corporate secretary
• CH01, CH02 ,CH03, CH04 – Change of director’s, corporate director’s, secretary’s or corporate secretary’s details
• TM01, TM02 – Termination of appointment of director or secretary
• SH01 – Return of allotment of shares
• AR01 – Annual Return

For LLPs:

• LL AP01, LL AP02 – Appointment of member, Appointment of corporate member
• LL CH01, LL CH02 – Change of member’s details, Change of corporate member’s details
• LL TM01 – Termination of appointment of member
• LL AR01 – Annual Return

Are there any other restrictions?

Yes. ‘Second Filings’ only apply to forms that contained inaccurate information that had been properly delivered when they were originally filed.

Where the original form or document had not been properly delivered it may be possible to replace it by resubmitting it together with form RP01or LL RP01.

The original form must also have been delivered to Companies House under the Companies Act 2006 (on or after 1 October 2009), i.e. on one of the above listed form types.

What if I need to amend a filing made under the Companies Act 1985?

Companies House’ existing practice of accepting ‘Amending’ forms will continue in respect of certain 1985 Act documents (and 1986 Order in respect of Northern Ireland); for example, in respect of forms 288A and 88(2) etc. Again though, where an ‘Amending’ form is delivered to the registrar the original will remain on the public register.

Is there any intention to expand this facility to cover more form types?

We have intentionally selected these forms as they are the most commonly used company and LLP forms. However once this new function has been operational for a period of time, we will then consider how it works and may consider widening the types of forms that can be ‘Second Filed’ sometime in the future.

Can I submit a second filing electronically?

No. Even though many of these forms may be filed electronically on the first occasion, a ‘Second Filing’ and the attached form RP04 or LL RP04 must be submitted on paper.

However if your company is signed up to PROOF you must also file form PR03 with the RP04 and the ‘Second Filing’. A form PR03 can be obtained by contacting 0303 1234 500.

Is there a fee payable?

No. The only fee bearing document that can currently be ‘Second Filed’ is the Annual Return. However as this fee is an annual fee when an Annual Return is ‘Second Filed’ it is not payable again (i.e. unless the originally filed Annual Return was submitted without a fee).

Can I submit a second filing and apply for the original incorrect form to be administratively removed?

If a ‘Second Filing’ is registered it does not allow for the original form (or inaccurate information contained within it) to be removed. However depending on the type of information and the form itself, as well as the reason as to what was incorrect with the original, it may be possible to apply for rectification (removal) of the information or form under court order or by application to the registrar ( RP02A or RP02B for companies and LL RP02A or LL RP02B for LLPs).

Am I required to write "amended" or "amending" at the top of a second filed document?

No, you should not write "amended" or "amending" at the top of the second filed document. The document will be placed on our systems along with a copy to the RP04/LL RP04 that you have submitted along with it. This will identify it to searchers as a second filing.

Please be aware that in future we may reject second filings that are marked "amended" or "amending".