Company Strike Off and Dissolution


Contetrauniversal

Uploaded on Jan 13, 2023

Category Business

Company strike off - also known as company dissolution - is the process of removing a company’s name from the register held at Companies House. Once a company has been struck off – or dissolved – it will no longer exist as a legal entity and all trade will need to stop.

Category Business

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Company Strike Off and Dissolution

Company Strike Off and Dissolution Agenda  Introduction  Dissolving - or striking off - a company: What you need to know  What does company dissolution mean?  Is strike off the same as liquidation?  Can I strike off or dissolve my company?  How do I dissolve my company?  What do I have to do before striking off my company?  Dissolution and director redundancy  How Real Business Rescue can help 2 Introduction  Company strike off - also known as company dissolution - is the process of removing a company’s name from the register held at Companies House.  Once a company has been struck off – or dissolved – it will no longer exist as a legal entity and all trade will need to stop. 3 Dissolving - or striking off - a company: What you need to know  Limited company dissolution - which is also known as limited company strike off - is when a company is struck off Companies House which is the public register on which official company information is displayed.  The harsh reality is that very few businesses last forever and there may come a time when you need to consider closing your limited company by having it dissolved and striking off its name from the register held at Companies House.  There are a whole host of reasons why you may be looking into this option; your business may have been successful but has now served its purpose, or maybe it never got off the ground at 4 all and has been sitting dormant ever since. What does company dissolution mean?  To dissolve a company, which is also known as ‘dissolution’ or ‘striking off’, is a way of closing down a limited company by removing its name from the official register held at Companies House. Once the name is struck off the register, the company no longer legally exists. 5 Is strike off the same as liquidation?  The simple answer is no. Liquidation and strike off/dissolution are two different processes.  Dissolving a limited company is a way to achieve company closure in situations where no debt is present, or where any outstanding debt and other liabilities can be settled in full within 12 months.  Liquidation is different.  If your company is unable to pay off what it owes, liquidation is likely to be the most appropriate option for you.  Liquidation involves extracting the assets from a company, selling these to realise as much money as possible, and putting these towards paying off any outstanding debts.  Liquidation can only be entered into with a licensed insolvency practitioner who will oversee the whole process 6 on your behalf. Can I strike off or dissolve my company?  As well as your company being solvent, there are other conditions that must be met before a limited company is eligible to be dissolved via the strike off process. Your company must:  Not have traded or sold off any stock in the last 3 months  Not have changed names in the last 3 months  Not be threatened with liquidation or any other type of insolvency proceedings, or have agreements with creditors such as a Company Voluntary Arrangement (CVA) 7 How do I dissolve my company?  The process of striking off your limited company is done through submitting a DS01 form which must be signed by a majority of the directors (or all if there is only one or two).  The form must be sent to Companies House for processing and a copy must also be sent to all ‘notifiable parties’ which includes creditors, employees and shareholders.  Alternatively, this process can now be completed online through the Companies House website.  A notice will then be placed in the Gazette announcing your decision to dissolve the company.  Your company will officially be dissolved 3 months after this notice is published, providing no objections have been made. 8  The Gazette will then run a final notice confirming that the company has been struck off. What do I have to do before striking off my company? Before applying to dissolve your limited company and have it struck off the Companies House register, you have a number of responsibilities. They include: •Ensuring business assets are distributed among shareholders. It is vital that this is done prior to applying for strike off, as any assets remaining with the company upon dissolution become Bona Vacantia and ownership automatically passes to the Crown •Paying employees their final wages and ensuring you follow certain rules if you are making staff redundant •Paying any outstanding Corporation Tax, PAYE, NI and settling any other tax liabilities 9 Can anything stop my limited company being dissolved?  Anyone can object to the proposed dissolution of your company.  If your company owes money, then you should expect your creditors to submit an objection to your strike off application.  If an objection is upheld by the Registrar then the company will not be allowed to be struck off.  You should be aware that a creditor can apply for a court order to restore your company to the register even after dissolution if you have evaded paying them.  This is why it is crucial that you inform all interested parties of your intention to dissolve the company and ensure all creditors are fully paid beforehand. 10 What are the drawbacks to striking off my limited company?  While dissolving your limited company may seem like a straightforward process, caution must be exercised.  If you provide false information in your application, deliberately or otherwise, or fail to notify an interested party of your decision to strike off, the consequences can be severe.  You can face disqualification as a director, be handed a considerable fine, or even face imprisonment in extreme cases.  Should a creditor believe your limited company has not been closed down through the correct channels, or has another legitimate reason for arguing against the closure, they can appeal for your company to be restored to the register at Companies House.  This would then allow them, and any other outstanding creditors, to continue to chase your company for the unpaid debts. 11 Dissolution and director redundancy  Another less well known drawback of dissolving, rather than liquidating your company, is the removal of your right to claim director redundancy.  Director redundancy works in largely the same way as staff redundancy and can be a hugely valuable lifeline at this stressful time.  The reason many limited company directors opt for strike off rather than liquidation is because it is undoubtedly a much cheaper option at £8 (for the online application) compared to the £5,000 average cost of liquidation. 12 Are there any alternatives to dissolving my limited company through the strike off process?  Dissolving your limited company may be the best course of action in relatively straightforward situations; however there are other options you may want to consider before opting for strike off if your situation is a little more complex.  Members’ Voluntary Liquidation (MVL)  Just like dissolving a company, a Members’ Voluntary Liquidation (MVL), is only an option for companies capable of settling its debts within 12 months. The MVL must be agreed to by a minimum of 75% of the company’s directors.  Register the company as dormant  While it is possible for a dissolved company to be restored to the register for up to 6 years after closure, this comes with significant financial costs.  13 How Real Business Rescue can help  If you are considering closing down your limited company and are unsure whether dissolving it using the strike off process is the best way, Real Business Rescue can help.  Our team of licensed insolvency practitioners can talk you through all the available options, including dissolution and liquidation, and suggest the most appropriate course of action for you and your business.   Call our expert advisers today to arrange a free no-obligation consultation.   We have an extensive network of 100 offices offering confidential director support across the UK. 14 Strike That is A Service That Helps You Get The Details Of “STRUCK OFF” Companies, for Hassle-free Compliance With The New Mandatory Disclosure Requirement Of Schedule III. ConTeTra provides solution for below Two Steps only- Step 1- Step 2- Upload your list of vendors/suppliers Receive the output in record with their GST numbers (which time (powered by our AI- is easily available with every enabled tool that scrapes through finance team). For those vendors MCA website for you – leaving no where GST number is not available, room for manual errors) our tool can also do a PAN or CIN based search. Website : https://contetra.com/strike -that / Email Id : [email protected] Phone No : 98338 18857