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Member of the Federation of Small Businesses
Important Note: Companies Act 2006 changes for business owners
 This is our most popular package with UK residents, and includes:
 Submission of applications that details company's executive officers (£1,000 authorised shared capital, a minimum of one share may be issued)
 Flat management company formation is usually achieved within 6-8 workday hours (Companies House permitting)
 Payment of UK legal and initiation fees
 The appointment of your own candidates as directors and secretary (a minimum of two people are required)
 
 The following documents will be e-mailed to you (Note: these documents are to be printed and signed):
 Electronic Certificate of Incorporation (PDF)
 Electronic Memorandum & Articles of Association (MS Word)
 Minutes of the First Meeting of Directors (MS Word)
 Share Certificates and company Register
E-Quick Package
£ 42.00No Renewal fees
Click here to see all packages
(click here for other packages)

Company Formation Home Page  >>  UK Private Company Registration Guide >>  Flat (Property) Company Formations

FORMING FLAT MANAGEMENT COMPANY. INCORPORATE A PROPERTY MANAGEMENT COMPANY IN ENGLAND

What is a flat management company? In law, a limited company is a 'person' in its own right. This means it can own property (such as a freehold or leasehold) and enter into contracts in its own name. It exists independently and separately from the people involved. When a property is divided into a number of flats, each flat owner usually has a lease of their own flat but they may also hold shares in a management company that owns the freehold (or lease) of the entire building.

As shareholders, the flat owners have their say in running the limited company. Normally, the company's constitution will say that shareholders who sell their flats must also transfer their shares to the new owners.

This ensures that - at any given time - the limited company represents the interests of all the current flat owners. However, it remains a separate legal entity regardless of who holds its shares from time to time. A limited company would also be set up to own and manage the common parts of a development made up of separate units under "commonhold".
Finding and Using Information on This Page:  UK Flat (Property) Management Company Formations | How Does a Flat Management Company Work? | Why Have a Flat Management Company? | The Constitution of a Flat Management Company | Transfer of Shares - Change of the Ownership | Service Charge Funds & Sinking Funds: Background | Tenants of Rented Property | UK Company Formation Online | Freehold Owners of Property | Registered Social Landlords & Other 'Exempt Landlords' | Funds Not Within S42 LTA 1987 | Investment Income Previously Charged to Corporation Tax | 

Important Links

A Flat Management Company is normally incorporated to manage a property or group of properties where there are multiple tenants. Flat management companies often permit lessees of individual plots within the development to acquire an interest in the company, usually being a single share with or without voting rights. As with any other company, a flat management company must appoint directors and a company secretary. As a flat management company will ordinarily be a private company the requirement is for one director and one company secretary. Coddan offers a specialist flat management formation package and now provides a complete solution for developers requiring such a company. The package price of £42.00
Suggested Reading
 company formation  UK cmpany registration 








Property Management CompaniesThis type of company is called a "commonhold association". Flat management companies typically manage common parts of the building. They may have other responsibilities. Your property probably has parts common to all the flat owners living in it: boundaries, roofs, halls, drives and gardens being typical examples. These require maintenance, insurance, lighting, etc. These costs are funded by the individual flat owners, who make periodic contributions into a pooled fund.

If your company just pays a few bills, perhaps for repair or maintenance, then your advisor may say that these payments need not go through the company's books. Less formal arrangements, such as collecting the money through a residents association, may be satisfactory. The company could then continue to own the freehold (or head lease) of the property, but all its accounting transactions would be conducted elsewhere - the company would then be 'dormant'.

Accounts would still have to be prepared, presented to members, and delivered to Companies House, but all that would mean is a simple 'nil' balance sheet that does not have to be audited. The prime purpose of limited companies is to limit the liabilities of entrepreneurs who use them for business purposes. In exchange for this limited liability, companies are required to make certain information about themselves available to the public.

This information is filed at Companies House. The timing and presentation of the information is governed by law. Flat management companies, although mostly formed for a different purpose, are governed by the same legislation - primarily, the Companies Act 1985.

It does not allow flat management companies to be treated any differently to other companies. Managing the business of the company is the responsibility of its officers. Legally, all companies must have: at least one director (unless the company is a plc); and a company secretary. A sole director cannot also be the company secretary. There must be two officers. The directors and secretary manage the company on behalf of the members. Among other things, they are responsible for holding meetings and ensuring that all the necessary returns, accounts and other documents reach Companies House by the due date.

Residential Association, Flat and Property Management Companies can be registered in 4-8 working hours, on receipt of the proposed company's name, the name of the property concerned and details of the issued share capital. It has special Memorandum and Articles of Association drawn up to allow it to own, manage and administer a freehold property, which is normally divided into several dwelling units or flats, with each leaseholder owning a share in the company and may require specific clauses within the Memorandum & Articles of Association. Flat Management Companies are not available off the shelf.
Compare Prices of Various Forms of Companies:   Flat Management Company Registration Packages & Costs  

Form a flat management company online in minutes at lawyer-free prices. Coddan was developed by expert attorneys with experience at the most prestigious law firms in the country. We've helped over 50,000 satisfied customers, and our know-how allows us to prepare legal documents quickly and efficiently. Our documents contain advanced provisions that are not found in simple "do-it-yourself" kits or manuals.

Coddan lets you take care of common legal procedures without ever leaving your home or office. Our research area contains plenty of helpful guidance. Simply answer an easy-to-understand questionnaire, and Coddan CPM LTD takes care of the rest - no need to download, no need to print. You will receive the completed legal documents printed on quality acid-free paper.
You May Use This Form to Register a New Company: E-Quick Flat Company Registration Package - £42.00 

Want to create a flat management company in Delaware, Florida, New York, Nevada or elsewhere? COddan provides creation and LLC registration services throughout the United States. We provide everything you need to know about the advantages of Delaware, Nevada, Florida or New York Corporations and LLCs, including an online checklist to walk you through the incorporating process step by step; Big resource section filled with sample corporate and LLC resolutions, forms, and links.

Also lots of tips on how to ensure the success of your new corporation or LLC. The LLC is the preferred entity to own real estate, equipment, boats and airplanes. Many creative estate planning strategies have been developed to utilize Nevada corporations. Estate plans where trusts have traditionally been used can often be restructured more effectively using Nevada corporations. Nevada corporations are generally more flexible and creative when passing estates to heirs than trusts are, while providing similar benefits such as avoiding probate, and potentially eliminating all estate taxes.
You May Use This Form to Incorporate a New House Management Company in the USA:  U.S.A. House Management Company Incorporation Package - £174.00 

Incorporate in the UKCompany Formation UK

UK Flat Management Company Limited by Shares from only £42.00! Each limited company package includes all statutory paperwork and is fully compliant with company law.
All our private UK companies are general trading companies and can be used to conduct any type of business. A Certificate of Incorporation, and the Memorandum and Articles of Association of your property management company will be sent to you upon formation of your company.
You can appoint your own directors and secretary BEFORE company incorporation. This is absolutely FREE. Our 4-8 hour online incorporation service enables you to register your company quickly and effortlessly. All government and filing fees are included in the cost of our E-Quick pack. All certificates and documents will be sent directly to you via email immediately following the formation of your company.
It will take just 5 minutes to complete the online registration form, then your company could be up and running within 4-8 working hours.

THE E-QUICK PACKAGE CAN BE UPGRADED WITH ANY OF THE FOLLOWING FEATURES:

1. Company Pliers Seal - £20.00.
2. Laminated Hard-copy of the Certificate of Incorporation - £5.95.
3. Laminated Hard-copy of the Certificate of Incorporation, Bound Copies of the Memorandum & Articles, and Combined Company Register - £12.95.
4. Domain Name Registration for two years - £16.00.
5. Provision of a Registered Office Address for 12 months - £50.00.
6. Provision of a Nominee Company Secretary for 12 months - £49.95.
7. Certificate of Good Standing - £35.00.
8. Notarisation & Apostille of Documents.


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Live Help is a real time "chat" feature which enables you to interact with a customer service representative without a phone call. Get answers to your questions while using our website. Clicking the "Live Help" button will start an on-line session with one of our representatives. Live Help is currently available during normal business hours. Outside of the above opening hours, our business center will be closed. When you click on the button, you will see an e-mail form that will allow you to send us a mail with your questions. Live Help is free! There are no hidden fees. We offer the service as a courtesy to our website visitors.

Dear visitors, while having a chat session with a customer, we are frequently requested to give a piece of advice on tax planning or business structuring. We would like to inform you that it is against our principles to provide online advice pertaining to these issues. The points that may be covered during a session include service description, package or service price, navigation at our website, ways of making an order, methods of payment etc. Yet, if you wish us to provide you with advice on tax or business structuring, you should be aware that this service is chargeable.

If you have any questions about the company establishment then please E-Mail or call us: 0800 081 1510 or +44 (0) 207 637 3881, fax: +44 20 7681 3318.
Contact Registered Agent

UK FLAT (PROPERTY) MANAGEMENT COMPANY FORMATIONS FROM £42.00

Flat Management CompaniesWe offer a range of services for business, including flat management company creation, registered office address in London, Doncaster, Liverpool, Edinburgh and in Northern Ireland. We have been offering UK company formations, nominee directors, nominee secretarial and associated services for over 10 years.

Coddan provides a wide range of corporate services including: company and partnership formation (private companies limited by shares, companies limited by guarantee, PLC public limited companies, flat management companies, joint venture and subsidiary companies, companies with bearer shares and LLP limited liability partnerships). We offer business advice to Flat Management Companies, including incorporation and corporate secretary services. We can help to set up (incorporate) a Flat Management Company under the Companies Act for the benefit of residents or tenants.

With our new online electronic company incorporation system, we take you through each step of your business formation process as quickly and as simply as possible. Coddan provides a cost-effective, rapid service for incorporating companies. Our UK company registration process is completely electronic, with no forms to complete, making us one of the few fully-electronic company formation services in the UK.

All you need to do is tell us the name of the company that you would like to form and then leave the rest to us. Your new limited company will normally be formed within 4-8 working hours of request, and minutes later you will receive your Certificate of Incorporation by email. Documents we send you via email for the electronic package are: Certificate of Incorporation - in PDF format, Memorandum & Articles of Association, First Minutes of Directors meeting, share certificates, Registers of Members, Directors and Secretaries, Directors Interests and Company charges - in Word format.

Additional services are available. With all of our formations, the Certificate of Incorporation, the Memorandum of Association and the Articles of Association are all sent to you electronically, by email as Adobe Acrobat files. Acrobat is a free reader program so you don't need anything else to view and print your documents.

It's a simple process to register your company. All you need to do is use the free availability check to see if your chosen company name is available. If so, then fill out a few details using the online forms, enter your payment details, and submit your application. No documents to sign. We form companies with you as the first directors, secretary and shareholders.

Our online order form is a completely web based application, whereby all the company details are entered into our system and submitted electronic through The Companies House Filing Service.

HOW DOES A FLAT MANAGEMENT COMPANY WORK?

In law, a limited company is seen as an 'individual' in its own right. This means it can own property (such as a freehold or leasehold) and enter into contracts in its own name. It exists independently and separately from the people involved.

WHY HAVE A FLAT MANAGEMENT COMPANY?

Flat Management companies are companies used to manage the whole of or parts of a site or building on behalf of its owners. When there are multiple tenants, Flat Management companies are normally used to protect the interests of the leaseholders. In shared properties there are often a number of areas that are common and used by all flat/unit residents.

For example, communal halls, access areas and gardens. By having a Flat Management Company you can establish a system for collecting pooled funds in order to maintain and repair any common areas. If the company will not own the freehold for the entire property then it may not be appropriate to have a Flat Management Company. A residents association may be more suitable.

THE CONSTITUTION OF A FLAT MANAGEMENT COMPANY

A British Flat Management Company has its Memorandum and Articles of Association specially drawn up to allow the company to own, manage and administer the property, which is normally divided into several dwellings, units or flats. When a property is divided into a number of flats, each flat owner has a lease of their own flat but they may also hold shares in a management company that owns the freehold (or lease) of the entire building.

TRANSFER OF SHARES - CHANGE OF OWNERSHIP

As shareholders, the flat owners have their say in running the limited company. Normally, the company's constitution will say that shareholders who sell their flats must also transfer their shares to the new owners. This ensures that - at any given time - the limited company represents the interests of all the current flat owners. However, it remains a separate legal entity regardless of who holds its shares from time to time.

FLAT MANAGEMENT COMPANIES - SERVICE CHARGE FUNDS & SINKING FUNDS: BACKGROUND

Many tenants and owners of properties in the UK make contributions to management companies and various service charge funds or sinking funds. These funds pay for a variety of services and sometimes accumulate money for future repairs. Typically, residents of a block of flats will all pay a set amount each year into a fund.

That fund will either pay for joint day to day running costs of the block, such as cleaners and minor repairs, or funds will be put aside to pay for future major expenditure such as a roof repair. Some funds may do both within one fund. The charges may typically be paid to a management company, which could manage just that block of flats or any number of blocks. Sometimes residents of a block will set up their own management company, residents' association or trust to receive the funds and carry out the work. Sometimes the landlord/freeholder holds the funds and organises the work.

MANAGEMENT COMPANIES - FUNDS CREATED

Typically there are two main types of fund to which Section 42 LTA 1987 applies.

Sinking Funds involve the long term setting aside of funds for major repairs and renewals. Over a period, the fund can grow to a significant size and generate substantial investment income.

Service Charge Funds are funds where the intention is to cover only the routine day to day costs of maintaining the communal areas and paying for minor repairs and decorations. The service charges are reviewed annually and set at a level to balance the actual expenditure and leave a 'no surplus - no deficit' situation at the end of each year. In practise there may be a small amount held in reserve or carried over from the previous year. The trust will not accumulate any surplus charges or create any sort of contingency or sinking fund. Any investment income is derived only from the short- term deposit of temporarily surplus funds.

Some trusts will act both as a sinking fund and as a service charge fund, although usually the trustees would keep the two funds separate. There are a number of different situations in which sinking funds or service charge funds may be created. Not all of these will necessarily fall within the scope of Section 42 LTA 1987.

ENGLISH AND SCOTTISH FLAT MANAGEMENT COMPANIES - TENANTS OF RENTED PROPERTY

Under the terms of a rental contract either the tenant or the landlord will be responsible for repairing the property. If the landlord includes in the rent payable some figure to cover his repairing obligations the fact that the payment by the tenant will be part of his rent will not preclude the operation of Section 42 LTA 1987. However, in order to fall within the definition of 'service charge' the amount must be variable according to the costs or estimated costs of repairs etc.

So if the lease simply states that part of the rents payable will be used for servicing, repairs and maintenance etc. for which the landlord is then responsible then the matter is outside Section 42 LTA 1987 because the payments by the tenants do not amount to a 'service charge' as defined in Section 18 LTA 1985. The whole of the rent will be Schedule A income of the landlord.

FLAT MANAGEMENT COMPANIES - LEASEHOLDER OWNERS OF PROPERTY

Under the terms of the lease the leaseholder may have to pay into a service charge fund or sinking fund. The funds may be paid to an individual, a company, a trust or an unincorporated association. As the owner owns the property under a lease, the LTA 1987 will apply. If the lease specifies contributions are to be made to a service charge fund or sinking fund then an accumulation trust exists whether the funds are paid to an individual, a company, a trust or an unincorporated association.

The body holding the funds may not consider themselves to be trustees, for example a company. However if Section 42 LTA 1987 applies then the company will be holding the funds as a trustee. If the lease stipulates that tenants must pay a service charge for particular services to a service company which is not the landlord, connected with the landlord or stipulated by the landlord, this too is within Section 42 LTA 1987. In that Section 'the payee' is defined as 'the landlord or other person to whom any such charges are payable by those tenants under the terms of their leases'.

If the lease states that the tenants should arrange for services, repairs and maintenance etc. themselves but does not specify how this should be done, any arrangement made by the tenants with a service company is outside the scope of Section 42 LTA 1987. The costs in respect of service charges are not made either to the landlord or to another person to whom such charges are payable under the terms of the lease.

Finally where there is no provision in the lease for the tenants to pay into a service charge fund, but nevertheless they decide to create one, then such an arrangement is not within Section 42 LTA 1987 as the tenants are not 'required under the terms of their leases to contribute to the same costs by the payment of service charges'.

MANAGEMENT COMPANIES - FREEHOLD OWNERS OF PROPERTY

Under the terms of sale of a freehold property (a covenant of some sort) the freeholders may have to pay into a service charge fund or sinking fund. The funds may be paid to an individual, a company, a trust or an unincorporated association. Such an arrangement does not come within Section 42 LTA 1987 as it is not under the terms of a lease.

Alternatively there may be no provision to create a service charge fund or sinking fund but the freeholders together decide to form one. They may decide to pay those contributions to an individual, a company, a trust or an unincorporated association. Again this is a private arrangement not governed by Section 42 LTA 1987