United Kingdom · United Kingdom

How to maintain a minute book in United Kingdom

UK Companies Act 2006 prescribes a detailed statutory-registers regime under Part 21 (registers of members, directors, secretaries, charges, etc.) plus the People with Significant Control register under Part 21A. The UK inspection regime under s. 116 is among the broadest globally: ANY person (not just members) may inspect the register of members on payment of a small fee. The PSC register is filed with Companies House and publicly available.

Governing statute, records right, and retention
Companies Act 2006, Companies Act 2006 (c. 46)
Statutory recordsStatutory registers and records
Inspection rightBroad inspection rights including by any person under s. 116
Retention periodGenerally 6 years (s. 388 for accounting records); varies by record type
CA 2006 Part 21Statutory registers (members, directors, secretaries, etc.)
CA 2006 Part 21APeople with Significant Control (PSC) register
CA 2006 s. 113Register of members
CA 2006 s. 116Inspection of register of members (any person may inspect)
CA 2006 s. 1135Form of company records (digital permitted)
CA 2006 s. 388Retention of accounting records (6 years for public, 3 years for private)
At a glance
  • CA 2006 Part 21 statutory registers: members, directors, secretaries, charges, debenture holders
  • CA 2006 s. 116: ANY person may inspect the register of members on payment of a fee (among the broadest globally)
  • CA 2006 Part 21A PSC register (since April 2016): publicly filed with Companies House
  • CA 2006 s. 1135 permits records in any form including digital
  • Accounting records retention: 3 years for private, 6 years for public (s. 388)

Statutory registers under Part 21

CA 2006 Part 21 prescribes a comprehensive set of statutory registers every UK company must maintain: register of members (s. 113), register of directors (s. 162), register of secretaries (s. 275), register of charges (s. 859P, post-2013 reforms), register of debenture holders, and others. The registers must be available at the registered office or a single alternative inspection location notified to Companies House. The registers are the controlling records for membership, directorship, and corporate-action authorization.

Register of members and inspection under ss. 113 to 116

The register of members under s. 113 lists every member's name, address, date of registration, share count and class. The inspection right under s. 116 is broad: ANY person (not just members) may inspect the register on payment of a fee (currently £3 for company use and similar amounts for inspection). The right is wider than US states' shareholder-only regimes and broader even than Canadian provincial regimes. The right is subject to the right of the company to apply to court if the inspection request appears improper (s. 117).

PSC register under Part 21A since April 2016

CA 2006 Part 21A, effective April 6, 2016, requires every UK company to maintain a register of People with Significant Control: typically beneficial owners of 25%+ shares or voting rights, plus persons with control through arrangements. The PSC register is internal but is also filed with Companies House and made publicly available (a key difference from Canadian regimes where similar registers are partially internal). PSC information is updated as part of the annual confirmation statement (s. 853A) and on any change.

Form of records under s. 1135

CA 2006 s. 1135 permits records to be kept in any form including digital, provided records can be produced in hard-copy form within a reasonable time. UK private companies typically use digital recordkeeping systems.

Retention periods under s. 388 and others

CA 2006 s. 388 requires accounting records to be retained for 3 years for private companies and 6 years for public companies. Other records have other retention rules: minutes for 10 years under s. 358; records of resolutions for 10 years under s. 355. The retention obligations are more granular than US or Canadian regimes.

Procedure

The minute book maintenance routine as it applies in United Kingdom, in seven steps:

  1. Establish statutory registers at the registered office or notified inspection location

    At incorporation, establish the statutory registers under Part 21: register of members (s. 113), register of directors (s. 162), register of secretaries (s. 275), register of charges, and the PSC register (Part 21A). Records may be at the registered office or a single alternative inspection location notified to Companies House on form AD02.
  2. Maintain the register of members under s. 113

    The register of members lists every member with name, address, share count, and date of registration. Updates on every allotment (s. 555 return required within 1 month), transfer, redemption, and address change.
  3. Maintain the PSC register under Part 21A

    PSC register lists People with Significant Control (25%+ shares or voting rights, or persons with arrangements-based control). Update within statutory windows. File PSC information with Companies House as part of the annual confirmation statement and on any change.
  4. Record corporate actions and file with Companies House where required

    Board and shareholder actions recorded on the date they occur. Many corporate actions trigger Companies House filings: allotments (SH01 within 1 month), articles amendments (within 15 days), director appointments and resignations (within 14 days), confirmation statement (annually within 14 days).
  5. Respond to s. 116 inspection demands: broad regime

    ANY person may request inspection of the register of members on payment of the prescribed fee. The company may apply to court under s. 117 if the request appears improper (e.g., to harass members), but the default is grant inspection.
  6. File the annual confirmation statement under s. 853A

    Annual confirmation statement filed with Companies House within 14 days of the anniversary date. Includes PSC information, registered office, directors, secretaries, share capital, members.
  7. Retain records under s. 388 and other retention provisions

    Accounting records: 3 years private, 6 years public. Minutes: 10 years. Resolutions: 10 years. Other records: per applicable rules. Retention obligations are more granular than US or Canadian regimes.

Common mistakes

Common UK-specific failure points in maintaining corporate records:

  • Refusing s. 116 inspection on US-style grounds (UK regime is much broader; the default is grant)
  • Not maintaining or filing the PSC register under Part 21A (since April 2016)
  • Missing the 14-day annual confirmation statement deadline under s. 853A
  • Not retaining accounting records (3 years private, 6 years public) under s. 388
In Octelligence
A minute book that reconciles itself to the share register and the cap table.

Octelligence keeps the minute book, the share register, the certificates, and the cap table in one record. Every resolution, meeting, issuance, and transfer is dated, indexed, and linked to its supporting documents. The CA 2006 inspection right, the retention period, and the beneficial-ownership register requirement are jurisdiction-aware. Diligence can reproduce the corporate record at any past date.

See Digital Corporate Records
FAQ

Common questions in United Kingdom

CA 2006 s. 116 grants inspection rights to ANY person (not just members) on payment of a fee. This is among the broadest inspection regimes globally. The historical rationale is to support market transparency: members of the public, journalists, investigators, and competitors all have the right to inspect the register of members on payment. The company may apply to court under s. 117 if a request is improper (e.g., harassment), but the default is grant inspection. This is materially broader than US state regimes (which limit inspection to shareholders with various restrictions) and Canadian regimes (which extend to creditors but typically require some form of standing).

CA 2006 Part 21A PSC register, effective April 2016, requires UK companies to maintain a register of People with Significant Control (25%+ shares or voting rights). The PSC register is internal but is also filed with Companies House and made publicly available, a significant difference from FinCEN BOI (US, filed but not public) and Canadian ISC/transparency registers (partially public). UK PSC was one of the earliest beneficial-ownership registers globally and set the model for many subsequent regimes.

Granular under CA 2006: accounting records 3 years for private companies and 6 years for public (s. 388); minutes of board and member meetings 10 years (s. 358); records of resolutions 10 years (s. 355); register of charges retained throughout the company's life. PSC register retained while the company is on the register. The granular retention rules are more demanding than typical US state requirements (which rely on common-law/IRS rules).
A minute book that holds up under inspection
Maintain a minute book that survives diligence in United Kingdom.

Octelligence keeps the minute book, the share register, and the cap table reconciled together with full CA 2006 awareness of inspection rights and retention periods.