Have WBC Councillors and Officers committed a criminal offence?

April 27, 2021 12:01 PM
By Cllr Graham Chrystie

Thameswey Ltd Overdue AccountsAccording to the official records at Companies House Thameswey Ltd, a property development company owned 100% by Woking Borough Council, has still not filed annual accounts for the year ended 31 December 2019. Even allowing for the Covid related extension to the filing deadline these accounts are now nearly 4 months overdue.

It is the responsibility of the Directors to ensure that the accounts are prepared and filed by the due date, in this case the due date is 31 December 2020. It is a criminal offence by the Directors if the filing due dates are not met.

The constituents of Woking need to know and understand the true financial situation of WBC.

We have contacted Julie Fisher, the new CEO of Woking Borough Council, asking why the accounts are late.

A Lib Dem controlled council will obtain a full financial audit and Statement of Affairs of all WBC's assets and liabilities including those of its many property development companies. We will then determine a way forward.

As at 24 April 2021 Companies House showed the following as Directors for Thameswey Ltd

Thameswey Ltd directors 01
Thameswey Ltd directors 02
Thameswey Ltd directors 03
Thameswey Ltd directors 04
Thameswey Ltd directors 05

If anyone is interested in following up this question there is an excellent website produced by Thomson Reuters which explains the law and the consequences in more detail. A clip from this website reads as follows:

Failure to deliver accounts on time is a criminal offence (section 451, 2006 Act and section 242, Companies Act 1985 (1985 Act) for financial periods starting before 6 April 2008). Directors serving at the time of the missed deadline may be prosecuted and subject personally to a fine of up to £5,000 and, for continued contravention, a daily default fine of £500.

Cllr Graham Chrystie

Email: Graham.Chrystie@wokinglibdems.org.uk

Facebook: Facebook.com/PyrfordLibDems

References to related resources online and the current status of the filing and directorships:

Thomson Reuters

https://uk.practicallaw.thomsonreuters.com/9-385-1031?transitionType=Default&contextData=(sc.Default)&firstPage=true

HCR Law

https://www.hcrlaw.com/blog/directors-officers-beware-criminal-offences-companies-act-2006/

Companies House - Thameswey Ltd's entries

Overview

https://find-and-update.company-information.service.gov.uk/company/03702545

People (Directors and Company Secretary)

https://find-and-update.company-information.service.gov.uk/company/03702545/officers

Companies Act 2006 Section 451

https://www.legislation.gov.uk/ukpga/2006/46/section/451/2011-08-01