Civil Penalties

Alderney Companies - Civil penalties [All of these penalties will be in force by 15^th December 2023]

The table below sets out all the breaches of the Companies (Alderney) Law, 1994 ("the Companies Law") which incur a civil penalty and the amount of the civil penalty which the Registrar may direct is paid pursuant to section 155A of the Companies Law.

The breaches have been categorised into bands (1-3) with the level of penalty increasing with the severity of the contravention of the law, band 3 being reserved for the most serious contraventions. The penalty for breaches in bands 1 and 2 increases with the length of time between the date on which the penalty is directed to be paid and payment.

Companies have also been categorised into 'administered companies' and 'non-administered companies'. Breaches by, or relating to the administration of, 'administered companies' incur a higher penalty than 'non-administered companies'.

'Administered companies' are those which are licensed, authorised or registered by the Guernsey Financial Services Commission ("GFSC") or those which are administered, controlled or operated by a GFSC licensee.

'Non-administered companies' are those which are not licensed, authorised or registered by the GFSC and those which are not administered, controlled or operated by a GFSC licensee. For the purposes of the civil penalty regime, all registered charities and non-profit organisations are treated as non-administered companies

Band

Breach of Companies Law

incurring civil penalty

Amount of civil penalty

Non-Administered Companies

Amount of civil penalty

Administered Companies

Failure to keep records at registered office [s.32(1A)]
Failure to maintain records kept at registered office and keep them up to date [s.32(1B)]
Failure to deliver altered memorandum or articles to Registrar within 30 days [s.27A(1) and s.29(4)]
Failure to apply to the Registrar to register an order of the Court in relation to the amendment of memorandum or articles within 14 days [s.27(7)]
Failure to keep register of members at registered office [s.71(1)]
Failure to enter change of address in register of members or comply with a Court order for rectification of register [s.72(3) & s.71(6)]
Failure to notify Registrar of change of director or company secretary within 14 days [s.93]
Failure to deliver copy of special resolution to Registrar [s.102(2)]
Failure to apply to Registrar to enter in the Register an order of the Court giving relief to unfairly prejudiced members within 14 days [s.106(7)]

Where the breach lasted up to one week £90

Where the breach lasted between one week and one month £175

Where the breach lasted for one month or more £350

Where the breach lasted up to one week £175

Where the breach lasted between one week and one month £350

Where the breach lasted for one month or more £700

Failure to deliver annual return to Registrar [s.37(1)-(4)]
Failure to appoint an auditor (unless exempt from audit) [s.77(1)]
Failure to keep a record of resident agent [s.152C(1)]
Failure to give notice to Registrar of change of resident agent, or its details, within 14 days [s.152C(2)]

Where the breach lasted up to one week £250

Where the breach lasted between one week and one month £500

Where the breach lasted for one month or more £1000

Where the breach lasted up to one week £450

Where the breach lasted between one week and one month £900

Where the breach lasted for one month or more £1800

Failure to have resident agent [s.152B]
Obstruction or failure to comply (without reasonable excuse) with request or requirement to provide information or documents [s.152X]
Failure by resident agent, or other person, to comply with information notice requirements or to make false statements etc. in response to information notice [s.152H(8) & s152HA(2)]

£2500

The above table can be downloaded here [157kb]