You can restore your struck off company using a RT01 form. You must be the director or a shareholder of the company when it was dissolved, the business must have been trading when it was struck off and the application must be made within six months of the dissolution date. Note: a creditor can restore a company! If they had an outstanding debt, they can restore the company via a court order so that their debt can be paid.
If you have a dormant company i. For this, you must:. So…now you know what it means to strike off a company. Please also visit www. We won't charge for any initial advice or face to face meetings. We speak in English. As a creditor, there are two reasons why you should be interested in companies on the strike off list. The first is that if a company that has applied to strike off owes you money, you need to know about the attempt to dissolve the company so you can object and claim on your debts.
The second reason is that sometimes a company will receive a compulsory strike off notice when it fails to file its accounts with Companies House in time. This is a problem that can point to deeper financial problems. These issues may require you to take steps to protect your company from the potential of bad debt in the future. A company strike off is the process when a business is removed from the Companies House register and it ceases to exist.
There are two types of company strike off:. A notice is placed in The Gazette when a company receives a strike off request. This notice is to alert other parties and allow them to contest the dissolution of the company. Other parties have two months to object to the notice. When this period is up, the business will be removed from the register. When a strike off is implemented, the company no longer legally exists. It will cease to trade and all its assets, if it has any at the time of dissolution, will be given to the Crown.
The process of dissolving a company is only available to companies that are solvent. The protection of limited liability is lost with effect from that date, and if the business formerly carried on through the company is continued, the owners are trading in their personal capacity; Banks should be unwilling to lend money to an entity which has, effectively, ceased to exist; There can also be unpleasant consequences for directors of such companies in that a disqualification order may be made against them by the High Court on the application of the Director of Corporate Enforcement.
Grounds for Strike-off Under section Companies Act , the Registrar may institute strike off procedures where: a the company has failed to make an annual return as required by section ; b where the company receives notice in writing from Revenue that the company has failed to deliver a statement Form 11F CRO which it is required to deliver under section Taxes Consolidation Act Revenue strike off. Strike-Off Process The strike off process is as follows: 1. It is the policy of the CRO to issue non-statutory reminder letters to non-compliant companies.
The strike off process will commence with the issue of the statutory strike-off notice. Only one statutory strike off notice is required to be issued. However, Companies House must have reasonable grounds to believe the company has ceased trading before it can begin the process. There can be serious consequences for the directors of companies that are struck off compulsorily. That includes:. Companies must be solvent in order to be struck off. If the company does have outstanding debts, they must be repaid in full before the company can be struck off.
If the company is currently undergoing an insolvency procedure such as a Company Voluntary Arrangement or has been threatened with legal action such as a winding up petition, it cannot be struck off.
If an application to strike a company off the Companies House Register is rejected due to its outstanding debts and the business cannot afford to repay those debts, it will be viewed as insolvent. Usually it can, yes. However, having a company reinstated to the Companies House Register is not always a simple process and it may require a court order, depending on how it was struck off in the first place.
In the case of a voluntary strike off, court action will be required to reinstate the company. The directors or shareholders might choose to reinstate the company to the register so they can:. If the company was forcibly removed from the register, you can apply for administrative restoration.
The process can be completed by post and is reasonably simple. You can apply for administrative restoration if:. 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. During this time, interested parties, including shareholders and directors, creditors and employees can object to the application.
At this point, your next move will depend on your plans for the company. If the business has ceased trading and is no longer active, you might be happy to let the process take its course.
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