Companies registry late filing charges

AuthorityDepartment for Enterprise
Date received2020-05-28
OutcomeAll information sent
Outcome date2020-07-02
Case ID1307210

Summary

The requester asked for annual statistics on late filing charges for Annual Returns between 2009 and 2019, but the Department for Enterprise disclosed that specific data is unavailable due to system limitations and payment methods. Instead, the authority provided a general estimate that late fees account for approximately 5% of the Companies Registry's total income.

Key Facts

  • The Companies Registry cannot distinguish late fees for Annual Returns from other late filings in their till system.
  • Payments received via BACS are not receipted through the till, making specific tracking difficult.
  • The authority offered a summary of total income from which late fees could be extrapolated, which the requester accepted.
  • Late fees generally account for circa 5% of the Companies Registry's total income.
  • The request was formally closed on 30 June 2020.

Data Disclosed

  • January 2009 to December 2019
  • 28 May 2020
  • 15 June 2020
  • 30 June 2020
  • circa 5%
  • GBP 380
  • 1307210

Original Request

I am writing to request information about the collection of late filing charges collected by the Companies Registry. Specifically, this request is for information about fees collected in respect of the late filing of Annual Returns for all applicable entities, including: 1931 Act Companies, 2006 Act Companies, Foreign Companies, Limited Liability Companies, Foundations, Partnership Act 1909 entities. Please indicate how many late filing charges were collected by the Companies Registry on an annual basis for the period January 2009 to December 2019, detailed annually. For each year (or alternative period e.g. month / quarter if preferable), please indicate: total number of late filing fees collected, total amount of late filing fees collected. Please indicate whether the total amount shown is inclusive or exclusive of the ordinary filing fee applicable for non-late submissions (e.g. GBP 380 for a 1931 Act Company Annual Return).

Data Tables (4)

Thank you for your previous clarification regarding the date parameters of this request.
My colleagues in the Central Registries have reviewed your request and provided me
with the following information:
I regret this information is not available. There are two primary issues:
• Late fees are incurred for any late filing, not just Annual Returns. Our till
system only records a late fee has been collected and the type of company
which incurred it (1931 Act Company, 2006 Act Company. LLC, for example).
It does not record the nature of the filing itself;
• Increasingly we are receiving payments via BACS, which are not receipted via
the till and credited directly to the Registry's income budget.
As an alternative, we can prepare a summary of the income received from which late
fees may be extrapolated. This data would be insufficient to differentiate between
which filing incurred the fees (Annual Returns, Change of Company Officers, etc).
Please confirm if this data is required.
As a general indication, late fees account for circa 5% of the Companies Registry's
income.
You provided confirmation that the above information was sufficient for your request
and on that basis we have now collated the relevant data.

Full Response Text

Freedom of Information Co-ordinator 1st Floor, St Georges Court Upper Church Street, Douglas Isle of Man IM1 1EX

Telephone: (01624 682381) Website: www.gov.im/ded Email: anthony.walker@gov.im

Our ref: 1307210 30 June 2020

Dear ###

We write further to your request which was received on 28 May 2020 and which states:

"I am writing to request information about the collection of late filing charges collected by the Companies Registry. Specifically, this request is for information about fees collected in respect of the late filing of Annual Returns for all applicable entities, including: 1931 Act Companies, 2006 Act Companies, Foreign Companies, Limited Liability Companies, Foundations, Partnership Act 1909 entities. Please indicate how many late filing charges were collected by the Companies Registry on an annual basis for the period January 2009 to December 2019, detailed annually. For each year (or alternative period e.g. month / quarter if preferable), please indicate: total number of late filing fees collected, total amount of late filing fees collected. Please indicate whether the total amount shown is inclusive or exclusive of the ordinary filing fee applicable for non-late submissions (e.g. GBP 380 for a 1931 Act Company Annual Return)." We sought further clarification from you on 28th May and 15th June 2020; Thank you for your previous clarification regarding the date parameters of this request. My colleagues in the Central Registries have reviewed your request and provided me with the following information:

I regret this information is not available. There are two primary issues: • Late fees are incurred for any late filing, not just Annual Returns. Our till system only records a late fee has been collected and the type of company which incurred it (1931 Act Company, 2006 Act Company. LLC, for example).
It does not record the nature of the filing itself;

• Increasingly we are receiving payments via BACS, which are not receipted via the till and credited directly to the Registry's income budget. As an alternative, we can prepare a summary of the income received from which late fees may be extrapolated. This data would be insufficient to differentiate between which filing incurred the fees (Annual Returns, Change of Company Officers, etc). Please confirm if this data is required. As a general indication, late fees account for circa 5% of the Companies Registry's income. You provided confirmation that the above information was sufficient for your request and on that basis we have now collated the relevant data. Our response to your request is as follows: I have enclosed copies of the information that is being released to you.

Please quote the reference number 1307210 in any future communications.

Your right to request a review

If you are unhappy with this response to your freedom of information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post.

An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review . If you would like a paper version of our complaint form to be sent to you by post, please contact me and I will be happy to arrange for this. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded.

If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on; 1. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or 2. Whether we are justified in refusing to give you the information requested.
In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. More detailed information on your right to a review can be found on the Information Commissioner’s website at www.inforights.im. Should you have any queries concerning this letter, please do not hesitate to contact me. Further information about freedom of information requests can be found at www.gov.im/foi.

I will now close your request as of this date.

Yours sincerely