Why would a company strike off be suspended?
Why would a company strike off be suspended?
This is typically because you have outstanding creditors who stand to lose the money your company owes them should your company be struck off and removed from the register. If Companies House holds up their objection then your application for strike off will be suspended, and your company will remain active.
Can you find out who has objected to strike off?
The first step in how to find out who objected to the strike off is simple. You can contact Companies House directly and they will be able to tell you the nature of the objection and who made it. This is important because only then can you clear the specific impediment to your strike off being accepted.
What happens when a company status is strike off?
When a company is struck off, the name would be removed from the company register and it can not trade, sell its assets or make payments or even it can not get involved in any other business activities.
How long is compulsory strike off suspended for?
two months
This is known as the ‘First Gazette Notice for Company Strike Off. ‘ That will declare that the company is to be struck off the Companies House Register and cease to legally exist in two months.
How long can a company strike off?
It takes at least three months for a limited company to be struck off the Companies House register. Once the completed DS01 form has been submitted and assuming all the details are correct, Companies House will send acknowledgement in the post.
Can a company be struck off if they owe money?
A business must be solvent before it can be struck off and have repaid all the money it owes, including all of its creditors and any directors’ loans. The creditor then has the option to object to the dissolution and the striking off application will be suspended.
How do I recover a strike off company?
Any person who is affected by the order of a Company Strike Off, may file an appeal / petition / application for Revival of the Struck Off Company to the NCLT within a period of three years from the date of the order of the registrar and the burden of proof would be on the person applying for the revival and if the …
What happens if HMRC objects to strike off?
Objection to a Striking off Application means that, while a company owes HMRC outstanding tax, HMRC won’t let the company be struck off the register before it makes these payments. Any creditor may also objects and request that the striking of action be suspended, until any outstanding liabilities have been paid.
Are directors personally liable for company debts?
When are directors personally liable for company debts? Personal guarantee: where directors provide a personal guarantee in order to acquire loan funding, they will be personally liable to pay if the company itself cannot. Lenders can claim against a director’s assets and property.
How long does it take for a company to strike off?
The compulsory strike off process is usually initiated by Companies House in response to a failure to file accounts or an annual confirmation statement. A notice will be published in the Gazette declaring that the company will be struck off in three months and removed from the Companies House Register.
Why has my company strike-off procedure been rejected or suspended?
The most common reason for a company strike-off procedure being rejected or suspended is if HMRC believe that the company has unpaid tax liabilities such as VAT or corporation tax. Objections can also be raised by other interested parties such as:
What is a voluntary strike off from the Companies House?
In this case it is known as a voluntary strike off and is actioned by the company directors applying to Companies House to have their company removed from the Companies Register via the submission of a DS01 form or by completing the strike off process online.
What are the reasons for a company strike-off?
Valid reasons for objections to company strike-off The most common reason for a company strike-off procedure being rejected or suspended is if HMRC believe that the company has unpaid tax liabilities such as VAT or corporation tax. Objections can also be raised by other interested parties such as: Creditors who have unpaid bills with the company.
Can a strike off application be suspended due to debt?
If your strike off application has been suspended due to an outstanding debt then you could settle it then submit the application again. This removes the reason for the objection so there should now be nothing stopping it from proceeding. Obviously this depends on the size of the debt and the company’s ability to pay it.
