Companies House Compulsory Strike Off

Porky

Free Member
  • Dec 27, 2019
    704
    2
    425
    Staffordshire
    So, position is a limited company set up with four directors ceased trading. It was an online business that Basically after covid it never recovered.

    It has no real assets other than some computer code as an online business. Its losses were funded by shareholder equity, so shares are worthless, and it has no debt I am aware of other than a small amount of company credit card debt which was in default over a year ago. Bank account closed. It doesn’t owe the Inland Revenue anything. Two of the directors that lent it money have written that off, likewise a shareholder that lent it money.

    In an ideal world my advice would be to appoint administrators and close it off properly, but the directors haven’t got the funds to pay for it, so company just left.

    Moving forward the last years accounts were never finished and long overdue again because they didn’t have the funds to pay an accountant to do it albeit transaction history minimal.

    Companies house have now issued the First Gazette notice for compulsory strike-off.

    My questions are: -

    1. Is it worth filing a DS01 and paying the £10 or have companies house in effect done that?

    2. Do you think its worth filing a TM01 to remove three directors all but one. They don’t want anything to do with it. Or is this a waste of time. The TM01 would hit companies house now after the First Gazette Notice

    3. What’s the process from here is it just a case of if nobody objects the final gazette gets issued and it gets struck off.

    4. On the assumption that it does get struck off do any of the shareholders have any claims against the directors. They have historically purchased shares which are now worthless. Albeit there is no value in the company.

    5. On the assumption that it does get struck off is there any impact to the named directors in relation to other directorships they may have.

    Appreciate that’s a lot of questions to ask and I value, appreciate and thank any of the IP’s here that are prepared take time out to reply to this. It is appreciated especially as there is nothing in it for you. Thanks again.
     
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    JEREMY HAWKE

    Business Member
  • Business Listing
    Mar 4, 2008
    8,570
    1
    4,027
    EXETER DEVON
    www.jeremyhawkecourier.co.uk
    They should be able to find the cash to dissolve it properly it would be best especially with the shareholders who may claim if that is possible

    The credit card will have a DG and that will need paying off
     
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    Porky

    Free Member
  • Dec 27, 2019
    704
    2
    425
    Staffordshire
    I don't believe the Directors can afford to pay the £5k to secure an appointed administrator. The loans to the business are from Directors and a couple of shareholders and all have confirmed they are writing the money off. I don't think anyone would object. If there is any asset value its minimal like sub £5k and the loans far exceed that and as i say the lenders are not interested.

    If companies house strike it off its then dissolved and i understand any shares in the limited company "deemed worthless". Hence shareholders can at least offset on tax as a loss but can anyone answer these:_

    1. I did read that it is possible by bring a company back from being dissolved via court order. Anyone know what that costs? I cant see it being worth it but would like the know if anyone has any ideas?

    2. Would the official receiver get involved once its struck off if no one objects? If you had say £5k of assets but £200k of loans would the official receiver try and get the £5k knowing that it would only get spread to the loan owners the primary ones being the directors?

    3. Can you pay an Administrator AFTER a company is dissolved if you wanted to just to tidy up the affairs of that business just to prove the financials of the company if necessary?

    It feels like it would be better to close it down with official appointed administrators but if they cant afford it they cant afford it. Just concerned of any implications in not closing it down with administrators.

    Thanks again
     
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    Lisa Thomas

    Business Member
    Business Listing
    Apr 20, 2015
    5,443
    1
    1,441
    www.parkerandrews.co.uk
    So, position is a limited company set up with four directors ceased trading. It was an online business that Basically after covid it never recovered.

    It has no real assets other than some computer code as an online business. Its losses were funded by shareholder equity, so shares are worthless, and it has no debt I am aware of other than a small amount of company credit card debt which was in default over a year ago. Bank account closed. It doesn’t owe the Inland Revenue anything. Two of the directors that lent it money have written that off, likewise a shareholder that lent it money.

    In an ideal world my advice would be to appoint administrators and close it off properly, but the directors haven’t got the funds to pay for it, so company just left.

    Moving forward the last years accounts were never finished and long overdue again because they didn’t have the funds to pay an accountant to do it albeit transaction history minimal.

    Companies house have now issued the First Gazette notice for compulsory strike-off.

    My questions are: -

    1. Is it worth filing a DS01 and paying the £10 or have companies house in effect done that?

    Companies House have beat you to the punch, although it would have been better for the directors to start that process, and give proper notice to the creditors etc.
    2. Do you think its worth filing a TM01 to remove three directors all but one. They don’t want anything to do with it. Or is this a waste of time. The TM01 would hit companies house now after the First Gazette Notice

    Probably academic now, and doesn't get them off the hook for any wrongdoing/misconduct anyway.

    3. What’s the process from here is it just a case of if nobody objects the final gazette gets issued and it gets struck off.

    Correct.

    4. On the assumption that it does get struck off do any of the shareholders have any claims against the directors. They have historically purchased shares which are now worthless. Albeit there is no value in the company.

    That's the risk when you buy shares. What type of claim do they think they will have?

    5. On the assumption that it does get struck off is there any impact to the named directors in relation to other directorships they may have.

    Only if they have given personal guarantees, or the Insolvency Service ultimately investigate the directors, or if the creditors force the company into liquidation and the liquidators discover misconduct by the directors.

    Appreciate that’s a lot of questions to ask and I value, appreciate and thank any of the IP’s here that are prepared take time out to reply to this. It is appreciated especially as there is nothing in it for you. Thanks again.

    FYI Administration won't apply here. Only options appear to be liquidation (which starts off at £3k in the court) or dissolution.
     
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