Compulsory striking off

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Emily Aves

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Jan 24, 2019
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  • #1
    Any advise greatly received. I’ve just found out a company I was a director of has been compulsory struck off by companies house, my previous business partner had tried to take control of the company for his own greed. Due to the new GDPR laws this company was no longer compliant and he was trying to get £80k out of it to make it compliant. I started a new company alone and he tried to sue me to get shares in my new company. The previous company owed no money (bar to him) and has not been trading for over a year. It was up to date with filing but I’ve just found out that it was struck off 10 days ago (registered address was his accountant) I’m very worried it will effect my current company or me as a director. What should I do?
     
    B

    Blaby Loyal

  • #2
    There is nothing to worry about regarding the previous company's dissolution. It can only be reinstated if someone spends the money required to do so and there appears to be no obvious benefit in doing so either.

    Concentrate on your new business.
     
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    Emily Aves

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    Jan 24, 2019
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  • #3
    Blaby Loyal said:
    There is nothing to worry about regarding the previous company's dissolution. It can only be reinstated if someone spends the money required to do so and there appears to be no obvious benefit in doing so either.

    Concentrate on your new business.
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    As a director will I not be investigated as my other company was compulsory struck off?
     
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    Emily Aves

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    Jan 24, 2019
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  • #5
    He threatened that if didn’t give him shares in my new company then he would have me investigated for fiduciary rights...despite all the evidence I have where he said what he planned to do. The only reason I kept that company active was because our solicitors were still battling it out. I’m shocked it was stuck off without me knowing
     
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    Emily Aves

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    Jan 24, 2019
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  • #7
    Scalloway said:
    The only way you would get investigated is if the company is reinstated and a liquidator appointed. Would the company have the money to pay the liquidator's fees?
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    My new company could but what would the fees be for? We’ve never borrowed any money And due to that company not trading for a year there are no assets in there. I didn’t know whether to contact CH and highlight I’m still an active director and what’s going on or keep quiet? My new company is all above board and trading well so it would be a real kick in the teeth if this effected what I’m doing. He was a Middle Aged greedy investor and this is my life’s work and career!!
     
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    Blaby Loyal

  • #10
    Emily Aves said:
    So why would it have been struck off in the first place? I presumed he had instigated this and would be to follow!
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    If you have a look at the company's records online at Companies House then they should indicate why the company was struck off.

    It will either be for non-filing or an application to strike off.

    PM me the details if you are unsure and I'll check for you.
     
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    Spongebob

    Spongebob

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    obscure

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  • #16
    Emily Aves said:
    He threatened that if didn’t give him shares in my new company then he would have me investigated for fiduciary rights...despite all the evidence I have where he said what he planned to do.
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    People threaten stupid stuff all the time. In most cases they fold up and blow away. In a few cases they are so stupid that they try to sue even though you have evidence, in which case they lose.
     
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    Lisa Thomas

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  • #17
    Emily Aves said:
    I didn't, I was still active
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    You only need to worry if the Company is reinstated and Liquidated, which would be unlikely.

    If that happens the Lqr will then investigate your conduct and has the power to being claims against you personally for misconduct.
     
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    Spongebob

    Spongebob

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  • #18
    Lisa Thomas said:
    You only need to worry if the Company is reinstated and Liquidated, which would be unlikely.

    If that happens the Lqr will then investigate your conduct and has the power to being claims against you personally for misconduct.
    Click to expand...

    Have you ever known a company to be reinstated in circumstances like these?

    I certainly haven’t.

    I’d hate Emily to be worried uneccessarily.
     
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    Lisa Thomas

    Lisa Thomas

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  • #19
    Yes HMRC pursued the Directors personally for the whole of HMRC debt as the Directors took out funds remaining in the Company bank account that could have paid for Lqn.

    Only once though, hence why I have stated it would be unlikely.

    You would never be able to give a 100% guarantee.
     
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    hagoquodvs

  • #20
    Hi Guys,

    I set up an ltd last July I set up the ltd with a company formations company using a Registered Office Address & Directors' Service Address they offered but don't think I got the mail forwarding option because I haven't received any letters. The company was set up for a company idea I had but didn't work out as I run into money issues it made around 300 pounds and a month later I closed the website, they were no assets just a Bussines cash plus account. I just checked companies house and could see First Gazette notice for compulsory strike-off
    I haven't filed any tax returns didn't think I needed to as the company didn't make much money only 300 pounds and 200 pounds went back into Instagram ads. I've never run a Bussines before and really worried. the notice was 2 months ago. I know I need to speak to an accountant but don't have the funds at the moment any advice on what I should do?
     
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    StevensOnln1

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  • #21
    hagoquodvs said:
    Hi Guys,

    I set up an ltd last July I set up the ltd with a company formations company using a Registered Office Address & Directors' Service Address they offered but don't think I got the mail forwarding option because I haven't received any letters. The company was set up for a company idea I had but didn't work out as I run into money issues it made around 300 pounds and a month later I closed the website, they were no assets just a Bussines cash plus account. I just checked companies house and could see First Gazette notice for compulsory strike-off
    I haven't filed any tax returns didn't think I needed to as the company didn't make much money only 300 pounds and 200 pounds went back into Instagram ads. I've never run a Bussines before and really worried. the notice was 2 months ago. I know I need to speak to an accountant but don't have the funds at the moment any advice on what I should do?
    Click to expand...

    If the company is no longer trading an is already being struck off then you don't need to do anything. Unless HMRC object, it will just die after a couple of months.
     
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