| Signing of Form 10 by initial member(s) / shareholder(s) | The Form 10 (which is entitled 'First Directors and Secretary and Situation of Registered Office') is one of the forms which UKcorporator will produce for you, pre-completed, and which is required to be lodged at Companies House in order to form a company.
The Form 10 is required to be signed not only by the proposed director(s) and company secretary(s) but also by or on behalf of the initial member(s)/shareholder(s) of the company (also called 'subscribers'). In deciding whether the Form 10 should in your case be signed 'by' or alternatively 'on behalf of' the subscriber(s), you should be aware that in addition to the Form 10, the law also requires each of the subscriber(s) to sign another document (which is lodged at Companies House at the same time as the Form 10) known as the memorandum of association - section 10(2) of the Companies Act 1985. Of these two documents, only the Form 10 is permitted to be signed by an agent on behalf of the subscriber(s) (as an alternative to signing by the subscriber(s) themselves). It may be the case that you can conveniently get the Form 10 signed by the subscriber(s) themselves at the same time as the subscriber(s) are signing the memorandum of association. In this case, you may wish to answer the question by clicking 'Personally'.
Alternatively, the law allows the Form 10 to be signed by an 'agent' on behalf of the subscribers - section 10(3) of the Companies Act 1985. Typically the agent is a solicitor or accountant or company formation agent. Companies House takes the view that the 'agent' should not be one of the subscribers.
If you answer the question by clicking on 'By an agent' UKcorporator will next ask you the agent's name etc. |
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