Prosecution/strike off - do you have a choice?
- Thread starter rich hand
- Start date
E
E Storey
Try getting in touch with them directly to ask. Perhaps if you file the accounts now, or as soon as, they will do neither?
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yes your other option is to fulfill the duties you agreed to when you became a director of the company!!!
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W
Williams lester
It is about time they started using both options...there are far too many companies that get away with not filing the statutory documents.
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If a policeman pulled you over for drink driving and you stated that you aren't going to court for prosecution, do you think that they would drop the case?
I expect if you told the nice police man that being prosecuted wouldn't benefit anyone they would drop the case.
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I expect if you told the nice police man that being prosecuted wouldn't benefit anyone they would drop the case.
I have a strong suspicion that if a policeman catches a drink driver, "nice policeman" is not a likely scenario!
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- Original Poster
- #13
If you can't answer professionally in the first place do not bother now.
I am simply trying to find out the rules that C house has laid down as to whether a company can dissolve whilst on the potential prosecution list. This may be aloud or may not be aloud.
People trying to teach morals need not post.
I am simply trying to find out the rules that C house has laid down as to whether a company can dissolve whilst on the potential prosecution list. This may be aloud or may not be aloud.
People trying to teach morals need not post.
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W
Williams lester
We are allowed to post in any thread we like dear!
I can't see how your little outburst will stop anyone posting what they like really
Well said!
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- Original Poster
- #16
Pathetic little minds, certainly unprofessional.
When I get to speak to the right person at C House or a solicitor, I will get a professional answer, the correct answer, the opposite that I am getting on here.
Why do you people put yourselves down?! You are on here to promote business I would have thought. NOT to be petty.
When I get to speak to the right person at C House or a solicitor, I will get a professional answer, the correct answer, the opposite that I am getting on here.
Why do you people put yourselves down?! You are on here to promote business I would have thought. NOT to be petty.
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Actually most of us are on here to help those who are grateful for the free, professional advice given by the various contributors.
In the main we find that most newbies appreciate the FREE help that they get, are polite and make a valuable contribution back to the forum.
We now and again get someone who comes on demanding the answers, is rude and then disparages the contributors.
Oh well you can't please all of the people all of the time
In the main we find that most newbies appreciate the FREE help that they get, are polite and make a valuable contribution back to the forum.
We now and again get someone who comes on demanding the answers, is rude and then disparages the contributors.
Oh well you can't please all of the people all of the time
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Don't worry about Elaine - she's always like that.
<<<Removed flaming comment>>>
I guess the answer to your question is that Companies House might just dissolve the company; however they might also take you to court personally for not fulfilling your duties as a director. You just don't know. Simply not turning up at any court hearing is just going to lead to an inevitable conviction and fine.
It sounds to me that you want to have your company dissolved. Why not send in the return and then apply for a strike off?
<<<Removed flaming comment>>>
I guess the answer to your question is that Companies House might just dissolve the company; however they might also take you to court personally for not fulfilling your duties as a director. You just don't know. Simply not turning up at any court hearing is just going to lead to an inevitable conviction and fine.
It sounds to me that you want to have your company dissolved. Why not send in the return and then apply for a strike off?
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E
E Storey
The answers you were given were entirely professional, given by people who have run companies giving advice on issues like this for years, people who are not in a position where thier own company is likely to be dissolved becouse of thier unprofessional conduct regarding adhering to UK business law.
You were advised to contact Companies House in order to resolve the problem as soon as you could.
It was YOUR responsibility to do so in the first place. YOU failed to do that. Then, since companies house do not just send out these communications out of the blue, you clearly ignored their correspondence for MONTHS before posting here.
The rules are this: YOU are responsible for filing returns. It is not the case that rules appliy to CH dictating how they should deal with you, they have a range of options available to them, they may decide on any one of those. Often, if you are polite, decent, honest and make some effort to comply, they will actyually help you out.
But with an attitude like the one you have displayed here, coupled with your non-complance in the first instance I'd wager will react in precisley the same way as the other finance professionals have done here, they'll throw the book at you! .
Please do come back and let us know what they decide.
- I quite like a good forum fight! - Where's the popcorn smillie?
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I don't think it is as simple as saying you are not going to court.
If Companies House lay an information before a magistrate, you will get a court summons.
If you do not attend court, a warrant is likely to be raised for your arrest (or a warrant to rebail you).
Depending on the warrant type, you will be marked on the Police National Computer as 'wanted' and arrested.
This will involve you being put before the next available court hearing or rebailed (depending on the warrant), if you have missed the court sessions for the day, you will be kept in a cell until the next time the bench sits and have to explain to the court why you did not attend.
Personally, I'd take the advice offered in this thread.
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OP: From what you say the file has not been passed to the prosecuting solicitor.
Ring companies house and tell them you want to apply for the company to be struck off.
If the company has not traded for 3 months you can do apply immediately, if it has traded in that period you will have to wait for the 3 months to expire, but if you advise companies house of your intention they will proabably hold off instructing a solicitor.
The application to strike off is a form you download from CH website and file with £10 fee. You need to send copies to any creditors, including HMRC.
At that point no more threats from companies house. HMRC probably wont allow the strike off to proceed until they are satisfied no tax is due, but thats next weeks problem. At least you wont have CH on your back.
Ring companies house and tell them you want to apply for the company to be struck off.
If the company has not traded for 3 months you can do apply immediately, if it has traded in that period you will have to wait for the 3 months to expire, but if you advise companies house of your intention they will proabably hold off instructing a solicitor.
The application to strike off is a form you download from CH website and file with £10 fee. You need to send copies to any creditors, including HMRC.
At that point no more threats from companies house. HMRC probably wont allow the strike off to proceed until they are satisfied no tax is due, but thats next weeks problem. At least you wont have CH on your back.
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