Company Dissolved

[pnanny]

Our accountant filled our accounts (which were overdue and we paid the £100 fine).

We came to do the annual return and CH says "Company Dissolved"

We received (honestly) nothing from companies house. So unsure if they have sent correct notices.

Upon inspection - CH tell our accountant "There must have been a glitch" as we haven't received them.

Costs to resurrect company = £100 plus legal costs of £69 plus £40 outstanding annual return = £209

Accountant says "I can't be held responsible for CH non receipt."

But has advised that CH haven't pinged HMRC as is usual practice when dissolving a company. (Like most football clubs...)

Oh and bank account is now frozen also

Suggestions please?

 

[faradaykeynes]

Why has your accountant not done accounts online or through a software instead of paper version?

 

[David Griffiths]

Why has your accountant not done accounts online or through a software instead of paper version?

Good question. When we send accounts by post, we used to enclose a copy letter and SAE for Companies House to confirm receipt. These days we just log on a couple of days later and check that the online record shows that the accounts have been received.

Your accountant might not be responsible for CH non receipt but should be held responsible for not checking.

 

[faradaykeynes]

Exactly, when i was a trainee we use to keep copy of letter to companies house and get even proof of postage. If it were very close deadline even send next day guaranteed delivery or in some cases hand drop to co. hs

 

[Rolo Tomasi]

It sounds to me as if it is not the accounts that are the problem as the penalties are only issued once the accounts have been filed. It is more likely to be the non submission of the Annual Return which has led to the company being disolved so who was responsible for filing this?

 

[pnanny]

Why has your accountant not done accounts online or through a software instead of paper version?

Sorry - It was online

 

[faradaykeynes]

Companies house compliance is directors responsibility but it is given to accountant then he/she need to justify the negligence to company directors.
annual return reminders emails is an option on companies house, you can add as many emails on it as you like. I have e-reminders for all my ltd company client plus in house database for crucial things

 

[pnanny]

It sounds to me as if it is not the accounts that are the problem as the penalties are only issued once the accounts have been filed. It is more likely to be the non submission of the Annual Return which has led to the company being disolved so who was responsible for filing this?

No - company was dissolved before annual return was due.

This was what alerted us - Calendar pings to say "do annual return" - Logs into CH to see that company is dissolved

 

[faradaykeynes]

If its online then he/she needs to justify the penalties if its not delayed from your side in terms of outstanding information to complete the accounts on time

 

[pnanny]

It sounds to me as if it is not the accounts that are the problem as the penalties are only issued once the accounts have been filed. It is more likely to be the non submission of the Annual Return which has led to the company being disolved so who was responsible for filing this?

No - company was dissolved before annual return was due.

Calendar pinged "Do annual return" - we log into to find "company dissolved"

 

[faradaykeynes]

how cum company dissolved before annual return is due?

 

[pnanny]

how cum company dissolved before annual return is due?

Because they said they never received accounts which accountant says he submitted online and went awol via a "glitch"

We never received any notices telling of dissolution. Annual return was "next" thing we had to do and is what alerted us

 

[pnanny]

how cum company dissolved before annual return is due?

It wasn't - annual return was "next" thing to do

We never received any notification of dissolution.

 

[faradaykeynes]

Companies house would send overdue annual return or dissolution notice at registered office. Are you sure your records of registered office is up to date with companies house.

Signup to e-reminders with companies house

You can check on co.hs company filing history , what was filed and when

 

[pnanny]

Companies house would send overdue annual return or dissolution notice at registered office. Are you sure your records of registered office is up to date with companies house.

Signup to e-reminders with companies house

yes address up to date and that's handy to know now...

 

[David Griffiths]

Sorry - It was online

If accounts are filed online, Companies House issue two emails. The first gives a submission number and tells you that a further email will be sent confirming acceptance in the next two days,

The second email normally comes within minutes rather than days, and confirms acceptance.

We record the submission number and check for the second email. Ask your accountant for the submission number

 

[Mitchells Bristol]

Our accountant filled our accounts (which were overdue and we paid the £100 fine)?

Something doesn't quite stack up here. There is no £100 penalty for late filing of accounts - the minimum penalty is £150. If the penalty is £150 then they were submitted less than one month late.

Therefore, if the annual return is not late and the accounts are less than one month late, there must be something else at play for the company to have been dissolved.

I would seek to establish this first of all.

 

[pnanny]

Something doesn't quite stack up here. There is no £100 penalty for late filing of accounts - the minimum penalty is £150. If the penalty is £150 then they were submitted less than one month late.

Therefore, if the annual return is not late and the accounts are less than one month late, there must be something else at play for the company to have been dissolved.

I would seek to establish this first of all.

They were 3 and a half month late.

 

[Mitchells Bristol]

So was the £100 penalty from HMRC for late submission of corporation tax return? The Companies House penalty would have been £750.

Either way, it takes at least three months to have a company struck off, so it seems unlikely that Companies House would have initiated the dissolution so soon after the accounts fell due.

Were all of your previous accounts and corporation tax returns filed up-to-date and on time, with all tax paid?