You should deal with any loose ends, such as closing the company’s bank account or the transfer of any domain names before you apply. If your company has creditors, members, employees etc, you should inform all the necessary people before applying, as any of them may object to the company being struck off. There are safeguards for those who are likely to be affected by a company’s dissolution. You will commit an offence if you breach these restrictions, and are liable for a fine on conviction. You can find further circumstances in which you cannot make an application in section 1004 and section 1005 of the Companies Act 2006. Bearer shares are where a warrant has been issued in respect of shares and there is no registered shareholder in the register of members. a section 895 scheme (that is a compromise or arrangement between a company and its creditors or members)Ī company cannot apply to be struck off the register if it has bearer shares in issue.any insolvency proceedings such as liquidation, including where a petition has been presented but has not yet been dealt with.made a disposal for value of property or rights that, immediately before ceasing to trade or otherwise carry on business, it held for the purpose of disposal for gain in the normal course of trading or otherwise carrying on businessįor example, a company in business to sell apples could not continue selling apples during that 3 month period but it could sell the truck it once used to deliver the apples or the warehouse where they were stored.Ī company cannot apply to be struck off if it is the subject, or proposed subject, of:.complying with any statutory requirement.concluding the affairs of the company, such as settling trading or business debts.
STRIKE OFF LISTED MEANING PROFESSIONAL
making an application for strike off or deciding whether to do so (for example, seeking professional advice on the application or paying the filing fee for the strike off application). engaged in any other activity except one which is necessary for the purpose of:. traded or otherwise carried on business. Section 1004 and section 1005 of the Companies Act 2006 set out the circumstances in which the company may not apply to be struck off.įor example, the company may not make an application for voluntary strike off if, at any time in the last 3 months, it has: When a company cannot apply to be struck off the registerĪn application for voluntary striking off can only be made on the company’s behalf by its directors or a majority of them. Even if the company is struck off and dissolved, creditors and others could apply for the company to be restored to the register. This procedure is not an alternative to formal insolvency proceedings where these are appropriate. If you have decided that you do not want to retain your company and wish to have it struck off, the registrar will not normally pursue any outstanding late filing penalties unless you restore the company to the register at a later stage. Some companies which are dormant or no longer trading can choose to apply for strike off. the company was originally set up to exploit an idea that turned out not to be feasible. the company is a subsidiary whose name is no longer needed. the directors wish to retire and there is no one to take over the running of the company. The company can do this if it’s no longer needed, for example if: When a company can apply to be struck off the registerĪ company can apply to the registrar to be struck off the register and dissolved. If, after reading this guidance, you are in any doubt about your responsibilities, you should consider seeking professional advice. It is not drafted with unusual or complex circumstances in mind. The information provided in this guidance is aimed at the most common circumstances for strike off, dissolution and restoration of a limited company. This guidance will be relevant to you if: 
This guidance explains how you can remove and restore your company from the register, as covered under law in part 31 of the Companies Act 2006.
0 kommentar(er)
