Within Companies House the term ‘Other Appointments’ is for use by Community Interest Companies, Charity Commissions and judicial factors.
This section can be used to inform Companies House of three different aspects: The termination of employment of a Manager or Judicial Receiver, the updating of information regarding a manager or receiver, and the appointment of a charity or community interest manager.
It is still a legal requirement for charities and community interest groups to update and reliably inform Companies House of changes to managerial structures or the overseeing of judicial appointments such as receivers and those responsible for the administration of an estate.
Who should use Other Appointments?
Only Community Interest Companies, Charity Commissions and Judicial Factors should use the forms within the Other Appointments section. Limited Companies, Limited Liability Partnerships and Sole Traders are not permitted to use these forms.
The three organisations permitted to use Other Appointments are defined below:
- Community Interest Companies. A unique type of company which works solely for the interest of the community, e.g day care centres, rather than for private shareholders. CICs share similar missions and constitutions with charities, but cannot, and do not, class themselves as such because a CIC will usually make a profit.
- Charity Commissions. A charity commission regulates, registers and oversees the activities of charities in its appointed geographical area. For example in the United Kingdom, The Charity Commission oversees charities in both England and Wales. In Ireland, The Charities Regulator is a charity commission responsible for overseeing the regulation and registration of charities solely in the Republic of Ireland.
- Judicial Factors. Judicial factors, also known as Receivers, are agents appointed by law to administer a person’s estate, assets, or business operations. Judicial factors are often appointed to secure assets and manage affairs in order to pay off debts, and act as an alternative to bankruptcy.
Informing Companies House of Other Appointments
Community Interest Companies, Charity Commissions and Judicial Factors can use the following three forms to inform Companies House of terminations, appointments, and changes to company information.
Terminating the Employment of a Manager or Receiver
In the event of a CIC or Charity Commission manager being terminated from employment, Companies House must be kept reliably informed. This is because commonly managers in these positions have operated primarily in the public domain. Therefore Companies House must be aware of figurehead changes so that appropriate documentation and records can be updated for complete transparency.
Likewise, if a Judicial Factor has been terminated because the service of the receiver is no longer necessary, or for any other reason, Companies House must also be made aware because the receiver will have had significant control over the assets, estate, finances and business operations of a person’s affairs. It’s therefore crucial that records are kept updated so that Judicial Factors can be protected in the event of a changeover taking hands and an asset not being accounted for.
To inform Companies House of either one of these terminations, CICs, Charity Commissions or those responsible for the appointment of Judicial Factors must complete and submit form TM03 to Companies House.
Changing the Service Address of a Manager
Service addresses refer to the official contact addresses of company directors, secretaries, Persons of Significant Control and LLPs. For CIC and Charity Commission organisations, the service address refers to the official contact address of the Manager.
Please note: A service address is not the same as an official registered address for the CIC or Charity Commision. A service address only refers to the contact address of a person of significant seniority in an organisation. A registered address is the registered office address of the organisation, whereby anybody can be reached.
As Companies House will need to send correspondence directly to the manager of a CIC or Charity Commission, it is a legal requirement that the address for the manager is correct.
Judicial factors must also inform Companies House of changes to an address for the same reasons.
Appointing a Community Interest or Charity Manager or Judicial Factor
When a manager is appointed to a Community Interest Company or Charity Commission, or a Judicial Factor is appointed to oversee an estate Companies House must be informed.
The person appointed will hold significant control over the day to day running of a Community Interest Company or Charity Commission, or in the case of a Judicial Factor will hold significant responsibility over assets, financial details and business operations.
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