Guidance for Candidates and Agents at Local Authority Mayoral elections in England

What makes a company permissible?

A company is permissible if it is:

• registered under the Companies Act 2006
• incorporated in the UK
• carrying on business in the UK1

You must be sure that the company meets all three criteria.

How do you check a company’s registration and incorporation?

You should check a company’s registration on Companies House. 

You should look at the full register entry for the company, in particular checking what type of company it is and where it was incorporated. 

Not all companies listed on the Companies House website are permissible donors. These companies may not be registered under the Companies Act 2006 or not operating in the UK, or they may be incorporated in another country. It is important for you to be satisfied that your donor or lender is permissible. For example, a company which is incorporated in another country but has a branch registered and operating in the UK would not be permissible.

The types of company which are registered under the Companies Act 2006 include:

• Public limited
• Private limited
• Private unlimited

Companies previously registered under the Companies Act 1985 or the Companies (Northern Ireland) Order 1986 should be treated as though they were formed and registered under the Companies Act 2006.2

Royal Charter companies that have registered under the Companies Act 2006 will appear as one of the types of company listed above. These companies may also have another record with Companies House. We recommend that you check whether there are any other records which may be related to a Royal Charter company.

Companies incorporated in the Channel Islands, Isle of Man or Gibraltar are not permissible, as they are not incorporated in the UK.

How do you check if the company is carrying on business in the UK?

You must be satisfied that the company is carrying on business in the UK. The business can be non-profit making.

Even if you have direct personal knowledge of the company, you should check the Companies House register to see if:

• the company is in liquidation, dormant, or about to be 
  struck off
• the company’s accounts and confirmation statement are overdue

A company may still be carrying on business if it is in liquidation, dormant or late in filing documents, but you should make extra checks to satisfy yourself that this is the case.

For any company, you should consider looking at:

• the company’s website
• relevant trade, telephone directories or reputable websites
• the latest accounts filed at Companies House

If you are still not sure if the company is carrying on business in the UK, you should ask for written confirmation of its business activities from the company’s directors.

What information must you record?

You must record:

• the name as it is shown on the register
• the company’s registered office address
• the registered company number3