Company Struck Off, But I was still trading

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Many Directors, especially where a company has ceased trading, simply allow the company to be involuntarily struck off as they see it as a quick and struck off and dissolved company still trading options way if dissolving a company. This is a very dangerous assumption as there are serious consequences for both Directors and Companies which are dissolved in this struck off and dissolved company still trading options.

If you are fully compliant and file annual struck off and dissolved company still trading options with Companies Registration Office on time each year, you have nothing to worry about.

The strike off procedure usually commences with a reminder letter re outstanding struck off and dissolved company still trading options to the registered office of the company. As all company correspondence from Companies Registration Office is issued to the registered office of the company, it is imperative that any changes to the registered office are notified to Companies Registration Office, as non receipt of reminder letters will not be accepted as an excuse for strike off.

Within a couple of weeks of this letter, a strike off notice is issued to the company. Once instigated, the strike off procedure can only be stopped with the filing of outstanding returns and payments of all outstanding filing fees. There are serious consequences for Directors of companies which are involuntarily struck off, particularly if the company is still trading. So what can you do if you discover your company has involuntarily been struck off the register?.

The options available to you will depend on the period of time that has lapsed since the strike off. A company which has been struck off for failure to file annual returns may make an application within 12 months of being dissolved to have the company restored to the Register of Companies.

All outstanding returns will need to be filed, filing fees paid and a Form H1 delivered to the Companies Registration Office. Once satisfied with the application the Registrar can restore the company to the register. If the period of strike off is greater than 12 months but less than 20 years, a company which was struck off for failure to file annual returns may be restored by way of an application to the High Court by any officer or member of the company.

This can be a lengthy and expensive option as legal representation will be necessary. If a company has ceased trading and has no assets or liabilities, it can make a formal request to the Register for a voluntary strike off.

The steps involved in this procedure are as follows. The registrar will advertise his intention to strike the company off the register and a month later the company will be struck off and dissolved. The voluntary strike off can take a long time particularly if the company has not filed returns for a number of years.

A company which has been voluntarily struck off, can also apply to the court to be restored. Again this is a lengthy and expensive procedure that includes filing of all outstanding annual returns and payment of filing fees, requesting letters of no objection from both Revenue and Registrar of Companies and petitioning the High Court for an order to restore a company.

Directors of companies which are involuntarily struck off, particularly if they hold other directorships should seriously consider reinstating the company and applying for a voluntary strike off, as potential disqualification from acting as a director will have serious implications for them.

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If a limited company has been struck off or dissolved, it is removed from the Register at Companies House and its cash and assets transfer to The Crown. In order get these assets back you will usually need to go through a process known as company restoration.

PDF file - kB. If you trade with a struck off or dissolved company prior to that struck off or dissolved company being restored to the Register at Companies House there can be serious legal repercussions, including personal liability for company debts and a host of contractual and other legal issues. The name of the struck off or dissolved company becomes free for use in a new company incorporation.

You may have to change the name of your struck off or dissolved company as part of the application to restore to the register PDF file - kB if somebody else has formed a new company using the name of the struck off or dissolved company prior to your company restoration application. Unless you are eligible for a Discretionary Grant , the only way a struck off or dissolved company can release any assets held as "bona vacantia" is by way of an application to the Treasury solicitor and the Registrar of Companies within sections - Companies Act , formerly , and of the Companies Act , for a company restoration PDF file - kB , either through court or by means of administrative restoration.

In other words, you need to reinstate a struck off or dissolved company by way of a company restoration. A struck off or dissolved under section of Companies Act formerly section of the Companies Act forfeits its assets and they pass "bona vacantia" to either The Crown, The Duchy of Lancaster or Duchy of Cornwall, depending on the situation of the registered office of the struck off or dissolved company.

Apply now to restore a struck off company - company restoration application form PDF file - kB. Where accountants buy from Freephone 45 05 Landline What is a Limited Company? Why is a company struck off? What happens to struck off companies? Why restore a company? How to restore a disolved company? Administrative restoration How long does a company restoration take? Who can apply to restore? What happens to struck off or dissolved companies? PDF file - kB Apply for Restoration Now If you trade with a struck off or dissolved company prior to that struck off or dissolved company being restored to the Register at Companies House there can be serious legal repercussions, including personal liability for company debts and a host of contractual and other legal issues.

PDF file - kB A struck off or dissolved under section of Companies Act formerly section of the Companies Act forfeits its assets and they pass "bona vacantia" to either The Crown, The Duchy of Lancaster or Duchy of Cornwall, depending on the situation of the registered office of the struck off or dissolved company. UK Company Formation Agent: Formations Direct Ltd Co.