Annual Validation - Section 234 - The Companies (Guernsey) Law, 2008
Please note that this demo was developed in 2008 and, therefore, there are references in the narrative to 2008 submissions. However, the process for annual validation remains the same.
Legal Position
In each calendar year before 31 January, every company incorporated before 1 December in the previous year shall complete an Annual Validation containing information current on 31 December in that previous year.
If a Company has been placed in liquidation before the commencement of the Companies (Guernsey) Law, 2008 and the liquidation has not been completed, you will need to file an Annual Validation.
Annual Validations for all companies under a voluntary winding up resolution will need to be filed with the Registry on an annual basis until the final meeting of the liquidator has been held. Those companies under a compulsory winding up order DO NOT have to submit an annual validation.
How do I submit my Annual Validation?
Annual Validations MUST be made on-line. Paper documents WILL NOT be accepted.
If you have not already done so you will need register on the on-line services portal. Go to www.guernseyregistry.com. Click on the link to on-line services on the home page and then go to register on the top right-hand corner of the portal home page. You will need to provide an email address and a password. Once you have registered you will receive an email confirmation.
The Annual Validation submission on the on-line services portal (OSP) is available, in draft form to enable the public and corporate service providers (CSPs) or Regulated Presenters (RPs) to verify company details as they exist on the register and to provide share and other company details ahead of the validation period.
On 1 January 2010, draft Annual Validation submissions can be released allowing full submission and payment to be made (this can be by credit or debit card - or on account if you are a CSP or an RP).
The Annual Return process is very simple. However, please do not leave it to the last minute to submit as, if you have an problems or queries, you run the risk of incurring a £5 per day late filing fee if the submission is not successfully made by 31 January.
The Annual Validation submission IS NOT an opportunity to update the company records held on file. It is a validation of the company records held by the Registry as at 31 December of the previous year. If the company records are out of date, additional submissions will be required.
Do I need to do anything before I can submit my Annual Return?
Some AV Prerequisites:
1. Requirement of a Corporate Electronic PIN If Annual Validations are being filed by Individuals or by representatives other than Corporate Service Providers or Regulated Presenters, a Corporate Electronic PIN must be held by the presenter to authenticate their authority to file on behalf of the company. Requests for Corporate Electronic PINs can be made electronically via the Online Services Portal under the Create Submission section.
2. Updating the Register
All information held on the Register of Companies must be valid and up to date as at the period stated by the Annual Validation. Any information identified during pre-submission checks, should be rectified by additional filings retrospectively notifying the Registrar of company/director amendments. Any Submissions that have been filed on behalf of the company but have not yet been processed by the registry will be taken into account and considered part of the annual validation. Declarations made as part of the annual validation submission will include unprocessed submissions.
Submitting an Annual Validation Submission
Full details of the submission process can be downloaded from the right-hand side.
Late Filing Fees
31 January is the Annual Validation deadline – Annual Validations received after this date will incur a daily late filing fee of £5 per day.
What if I need further information or help?
If you need assistance submitting your Annual Validation staff will be available in the office to help you. We will have 6 public access terminals available and we can go through the process with you.
Other enquiries can be sent to enquiries@guernseyregistry.com or you can call +44 01481 743 800
Please be aware that January is the busiest time of year for the Registry and staff will respond to enquires as quickly as possible - however, you may not get a same day response.