Late Annual Returns

[M_Knowles]

Just found a letter from Companies House (NOTICE - Annual Return - REMINDER) informing me that my Annual Return on a dormant LTD business is due 01/01/10. The letter was dated 28th Nov and somehow found itself in the pile of 'I'll deal with this in the New Year'. The company has been dormant from Day 1 and still is, I have decided I don't have any plans on using it, so is there a way I can dissolve the company without incurring these late fees?

Alternatively, if Companies House believes that the company is no longer active, it can strike the company off the register and dissolve it.
Source: Business Link (http://www.businesslink.gov.uk/bdotg/action/detail?type=RESOURCES&itemId=1074457124)

I read that, but I'm not sure if that is at the CH's discretion or does it still apply if I request my company to be dissolve ASAP?

Cheers,

Mike

[bwglaw]

If you do not comply with CH request for submitting an AR then CH will notify you in writing that they propose to strike off the company.

See:

http://www.companieshouse.gov.uk/about/gbhtml/gp4.shtml#ch1

Provided that ss.1004 and 1005 of the Companies Act 2006 does not apply to your company you can apply to CH to strike off the company by completing Form DS01 and submit a fee of £10

[Crowy2004]

DCA is the old form. If the company's accounting period started after 6 April 2008 he form that you need is AA02.

Check to make sure which is correct as the wrong form will be rejected

If you do not comply with CH request for submitting an AR then CH will notify you in writing that they propose to strike off the company.

See:

http://www.companieshouse.gov.uk/about/gbhtml/gp4.shtml#ch1

Provided that ss.1004 and 1005 of the Companies Act 2006 does not apply to your company you can apply to CH to strike off the company by completing Form DS01 and submit a fee of £10

[David Griffiths]

DCA is the old form. If the company's accounting period started after 6 April 2008 he form that you need is AA02.

Check to make sure which is correct as the wrong form will be rejected

The original post refers to an annual return, not to the accounts, so the forms DCA or AA02 are not relevant. Both forms would be rejected! :)

The original poster has a choice as BG Law says. Either sit and do nothing, and see if Companies House strike the company off, or submit the DS01 and fork out £10 to actively set the process in motion.

[Jenni384]

Recently Companies House have started to threaten to take legal action against the directors for non-submission of an annual return. When they write to you to say what action they are taking, do pay attention to what the letter says. Sometimes they say strike off - other times they say they will take legal action.

Have any other accountants noticed CH doing this recently?

[bwglaw]

We always advise clients before striking off or dissolving the company to ensure that all statutory requests have been complied with, including AR, VAT returns etc as this ensures that the Director(s) have complied with their statutory duties and will go some way in avoid being disqualified as a Director.

[M_Knowles]

Update:

Received this through the post


IS YOUR COMPANY STILL TRADING OR REQUIRED?
OVERDUE ANNUAL RETURN

The following document(s) is/are overdue

Annual return forms for 2009


If you want to keep your company you must, within one month of this letter, either deliver all the outstanding document(s) or confirm in writing that your company is required and tell us when they will be delivered. If you do not comply you may be prosecuted and recieve a criminal record.
If you do not want you company, you may be able to apply for its removal by completing an application for strike off and enclosing the appropriate filing fee. This is an easy and speedy process. Further information can be found on our website address below.
However, if you do nothing, we will beign the statutory process - set out in the Companies Act - which can ultimately lead to the dissolution of your company. If we do dissolve your company, your personal obligations as a director would remain and any company bank accounts would be frozen.
You can deliver your annual return form on-line via our web filing service www.companieshouse.gov.uk. This features in-built checks to help you get it right first time.

Yours faithfully

COMPANIES HOUSE

[bwglaw]

You as a Director need to make a decision. The next letter you will get will probably be the 'proposal to strike off' warning.

[elainec100@cheapaccounting]

Have any other accountants noticed CH doing this recently?

Yes - have seen two cases recently where the director buried head in sand and ignore letter - company was struck off in months by Co House.

Ignore letters at your peril.

[Jenni384]

Yes - have seen two cases recently where the director buried head in sand and ignore letter - company was struck off in months by Co House.

Ignore letters at your peril.
Thanks, yes they will strike off very easily.

My question related to cases where they didn't mention striking off at all but were going to prosecute the directors!