uncertain and challenging times.
Companies House has announced that it will give companies additional support and flexibility during the COVID-19 pandemic in order to help them meet their legal responsibilities . The support includes temporarily pausing strike off actions to prevent companies being dissolved and treating companies appealing late filing penalties due to COVID sympathetically. Full details of the support can be found here .
Companies House has also announced that businesses have the ability to apply for a three month extension to file accounts with Companies House but please note that that is not automatic and companies will still have to apply for the three month extension to be granted.
Measures in respect of company filings, AGMs and other general meetings
The Department for Business, Energy and Industrial Strategy has provided guidance on the temporary measures in place in respect of company filings, AGMs and other general meetings during COVID-19 pandemic and this is available here – this guidance will continue to be developed as matters progress.
Charity Commission Guidance
The Charity Commission has issued guidance for charities during the COVID-19 pandemic, which can be found here and will continue to be updated as matters progress.
The Charity Commission has encouraged charities with imminent filing deadlines, such as filing of accounts, to contact the Charity Commission if they require an extension for filing.
Force Majeure clause
A force majeure clause is a clause that is usually contained in most commercial contracts. A force majeure clause sets out what circumstances, and to what extent, parties can delay or be excused from performing their obligations under a contract if events occur that are reasonably beyond the parties’ control and prevents performance of the contract, such as the COVID-19 pandemic. Where there is no express force majeure clause contained in a contract it is unlikely that it can be implied.
The parties will usually define in the clause what they deem to be a “force majeure” event and may even list specific types of events, such as “an act of God” or a epidemic or pandemic.
The clause may require notice to be served in order to obtain the benefit of the clause and the impact of the clause may, depending on the wording of the clause, be to suspend performance of parties’ obligations or trigger a right to terminate the contract.
What our client’s say:
“From my first meeting with Danielle through until completion of our job I felt entirely in knowledgeable and capable hands. I was always kept up-to-date with the progress and milestones we needed to take and Danielle was efficient and diligent in following up with all parties to ensure the process moved along smoothly. Danielle was always available to answer and clarify any queries I had. I’d be very happy to recommend Danielle and her team at Geoffrey Leaver and will of course take any future legal problems I may have directly to Danielle for her expertise.”
The Company Commercial team
Tim Roberts Senior Partner
Company Commercial 01908 689356Tim Roberts is Head of the Department and the firm’s Senior Partner. He began his career as a solicitor in the City of London before moving to Geoffrey Leaver Solicitors Company Commercial department. He has over 30 years of experience in Company Commercial and specialises in all aspects of the sale and purchase of companies and businesses, including management buy-outs, corporate restructuring, banking and corporate finance.