KHCS | UK & International Corporate Consultancy
Company Services - UK

Company Formation

We can deal with all incorporations in the UK with Companies House on a 24 hour basis whether you require a Company limited by shares or a Company limited by guarantee.

Being a Limited Company will protect your company name, your personal assets and will add credibility to your business.

The benefits of registering a Limited Company include:

  • Personal assets of directors and shareholders are protected
  • Limited status provides credibility and confidence both to suppliers and customers due to the transparent nature of the UK company system
  • Company name protection, preventing anyone else from trading under that name
  • Legitimate business expenses can be claimed against tax
  • Help attract investments to the Business
  • The Company is a separate legal person from the owners and can hold assets, including Intellectual Property under the company name

Included in this service we provide you with the original Certificate of Incorporation and Memorandum and Articles of Association in both hard copy and PDF should you need the documents electronically.

Additional, we offer Company Secretarial Services and Registered Office services which are helpful to new start ups.

Company Secretary

A Company Secretary is responsible for compliance with those provisions of the Companies Acts which require the company to keep registers and make its affairs open to the public. In addition a Company Secretary is responsible for ensuring that an organisation complies with standard financial and legal practice and maintains standards of corporate governance. Although they are not strictly required to provide legal advice, company secretaries must have a thorough understanding of the laws that affect their areas of work.

They act as a point of communication between the board of directors and company shareholders, reporting in a timely and accurate manner on company procedures and developments.

Please note that a company secretary is no longer compulsory for a private limited company but the company secretary duties still have to be carried out.

A company secretary is also recognised by the courts as the chief administrative officer of the company. At the time of your Company Formation or at any time thereafter KHCS can be appointed as your company secretary if required. We operate in a purely administrative capacity.

The usual duties of a Company Secretary include:

  • Maintenance of the statutory registers
  • Filing of Statutory Forms
  • Filing at Companies House copies of resolutions and agreements
  • Keeping of minutes of directors' meetings and general meetings

Failure to carry out some duties can result in the company being fined or even in the directors being prosecuted. We provide a company secretarial service to ensure that these important statutory requirements are fulfilled, leaving the day-to-day running of the company to the directors. You will be relieved of these administrative and compliance burdens, giving you more time to concentrate on the business of managing your company. We will also be available to offer business advice throughout the year in our role as nominee company secretary. We ensure that all the company's statutory requirements are met, including the filing of the accounts and Annual Returns. As your company secretary, we will prepare other documents in respect of changes to the company structure as and when they occur. Such matters will include allotment of shares, transfer of shares, creation of different share classes, and appointments and resignations of officers.

Registered Office

Every company must have a Registered Office address for service of official documents, for example, court documents or Companies House notices. The registered office address must be shown on all company letterheads, invoices and all stationary. The address does not have to be from where you operate your business but it must be:

  • a physical address
  • in the same country in which your company is registered

This address is on public record through the Companies House website.

It is seen by many that to have an individual's home address is not beneficial due to the transparency of the UK system. Therefore we offer the services of a dedicated Registered Office at our office address. We will receive all post for the Company and forward this to you.

In addition, every director must provide Companies House with both their residential address and a service address for each directorship they currently hold. The residential address will only be made available to government organisations and credit reference agencies that need to conduct credit checks and fulfil money laundering regulations. It is not available on the public register.

The service address will be placed on the public register. However if both addresses you provide when registering the company are the same then any member of the public can search and find you on the Companies House database.

If you opt for the Registered Office address provided by us we will also provide the service address which will enable company directors to keep their home address out of the public domain.

In addition to the Registered Office we can offer clients the use of a Virtual Office. A dedicated phone line will be installed at the Registered Office which will be answered on behalf of the Company and all messages passed to the appropriate person.

Intellectual Property

A trademark is simply anything that is unique to your business such as a word, combination of words, logo, colour, packaging or a personal name. It can cover a trade or a service and must be capable of distinguishing one companies goods and services from those of another. The trade mark must not conflict with one already registered by someone else.Each trade mark application must specify the class of goods or services for which the registration is required. There are 34 classes of good and 8 classes of services. We can advise on the classes appropriate for your business.

Why register a trademark?

  • To claim it as yours
  • Helps raise brand awareness
  • Enables brand extension into other products or markets
  • Symbolise your quality
  • To distinguish your business from competitors
  • Prevent other businesses from copying your branding
  • Becomes a valuable asset, sometimes priceless

The Intellectual Property Rights of a business, in the form of its brand names, can be as valuable and important an asset of the business as its bricks and mortar. Indeed in many cases it can be more valuable and critical to the survival of the business.

It is not compulsory to register a UK trademark but there are advantages in doing so, including:
  1. Trademark registration is prima facie proof of a claimant's entitlement to use a mark. In the case of an unregistered mark a claimant has to prove entitlement to the mark and that the mark carries a reputation and goodwill.
  2. Trademark registration can be obtained before the mark is used provided there is a bona fide intention to do so. In the case of unused unregistered marks you cannot claim passing off.
  3. Trademark registration enables an action for infringement to be brought without proof of actual damage. In the case of an unregistered mark the claimant has to prove actual or likely damage to the goodwill of the business.

Community Trade Marks (CTM)

Since April 1996, there has been a European Community trade mark, issued through O.H.I.M - the Office for the Harmonisation in the Internal Market, based in Alicante, Spain. One registration gives trade mark protection in all 15 member states of the European Union. The advantage of this system means:

  • less to pay - one registration and one application for renewal
  • no need for multiple applications - simultaneous trade mark registration throughout the EU
  • faster results - a single application can save time over multiple applications
  • one direct application to OHIM

The registration gives trade mark rights throughout the EU so that if it is acceptable to OHIM then the trademark is protected in all EU countries. The one major disadvantage is that if the mark is unacceptable in one country it will be refused throughout the EU.

Madrid Protocol

Also known as an International Trademark - Since April 1996 companies in the UK have been able to register their trade marks on an international scale through the Madrid Protocol. Under the Protocol, when an applicant has registered (or filed an application to register) a mark in their own country, they can apply for an International Trade Mark to be registered with WIPO - the World International Property Organisation in Geneva - for all or some of the countries who have signed up to the Protocol. Currently there are 63 signatories to the Protocol.

Once WIPO is satisfied with the application, it will enter the mark on the International Register and notify the countries specified in the application. WIPO will also advertise the mark in the International Gazette. Each country then has up to 18 months to object. If one or more countries object and you either do not argue your case or you lose the argument, your mark will not be accepted in those countries. However, it may be acceptable in other countries and will be recorded accordingly on the International Register (unlike for the Community Mark which would fail if one country objects.

The advantages of registering through the Protocol are:

  • Ease of administration - there is no need to work through trade mark agents in every Protocol country unless you face oppositions or objections to the application in that country
  • Cost savings - through keeping fees to a minimum
  • Flexibility - in that you can register in one or more Protocol countries