A declarant is the person who takes responsibility for the information contained in a company formation application. They will verify that all details about the directors, secretary and subscribers, the memorandum and articles of association and share capital are complete and accurate.
In exceptional circumstances, a declarant would be liable to a fine and even imprisonment should the information submitted to Companies House be inaccurate.
The setting up of a UK Company requires declarants to affix their signature to the incorporation request.
Declarant Signature on the Formation Application
The format of the signature will depend on whether the persons are registering a company using the traditional paper documents or whether they are electronically setting up the business.
In the case of paper forms the declarant will sign the Form 12. In electronic company formations where an online signature is required, the location and stage at which declarant’s ascent and details are inputted will depend on the incorporation agent's particular system architecture and requirements.
First Named Company Director
Some company formation systems automatically allocate the role of the declarant to the first name director in the list of those being appointed. Other electronic incorporation systems allow the person setting up the company to specify separately who they want the person to be.
Accountants and Solicitors Role
In the past, it was largely accountants, solicitors and other professionals who were assigned the declarant role. This is because traditionally, they would were approached by persons requiring the setting up of a UK company to carry out the task.
The professional adviser would collect the required information from the client, verify those details and then affix their own signature as declarant.
The increase in online company formation agents and the public’s general willingness to incorporate over the internet without the assistance of third party advisers, has reduced, what was largely an exclusive role of professional advisers.
