Director Questionnaire from Liquidator

[Vega2024]

Hello,

Liquidator has asked me to provide details of all companies I have been director of in last 5 years and director of any insolvent company in same period.

I used SpongeBob for a company around 4 years ago . Do I list that as insolvent company or just provide its details as a company I was director of.

Also can liquidator reinstate that company or he won’t have much interest in that company?

Thanks

 

[Lee Green]

I would suggest you provide one list of companies that you have been a director of. Then add further detail to explain whether that company is still active, entered into Liquidation/Administration etc or was struck off. If a company was struck off whilst it was insolvent then perhaps you should make that clear.

The Liquidator would be able to get most of this information themselves pretty quickly from some searching of companies house anyway, so better to just be open.

The liquidators ability to reinstate the dissolved company would depend on the whether the company in liquidation was the shareholder of the dissolved company, or a creditor of the company. That might give the Liquidator the power to restore the company or apply for a court order for its restoration.

The Liquidator does not however have the power to just restore a dissolved company simply because you were a director of it.

 

[Vega2024]

Thanks Lee, much appreciated.

Struck off company didn’t have any shares or creditors/debtors of the company in liquidation.

Are there any chances that they will mention struck off company in their director conduct report to insolvency office who could in turn decide to reinstate the company? Struck off company did not have any BBL and neither applied for one.

 

[Lee Green]

The report that we complete for the insolvency service is not a free text report. We simply answer questions using buttons etc. The director section has the following questions, which we answer yes or no too:

Is this person recorded as a director of the company at Companies House?

Is there evidence to show that this person acted as a director of the company?

Is this the director's 3rd or more company failure in the last 5 years?

Are you aware if the director has given a personal guarantee for any of the company's debt?

Whilst the company was trading is there evidence to show that this person was acting as a director of the company whilst either bankrupt, disqualified or otherwise restricted from acting?

Are you satisfied that the director has co-operated with your reasonable enquiries?

Are you aware of the director suffering any serious ill-health issues, either currently or whilst the company was trading?