Not filing confirmation statement

[smallbusiness2021uk]

Hi all

Am I right in saying if I don't file my confirmation statement my ltd company will be struck off?

I have ceased trading and plan to voluntary strike off after 3 months. So just wondered what's the best way?

 

[Scalloway]

When is the confirmation statement due?

 

[ChrisCallaghan]

Yes after a few months of the confirmation statement being due Companies House will move to dissolve your company compulsorily. As with a voluntary strike off application, they will post notice saying that the company will be closed 2 months + past the notice. During that period creditors will have the right to contact Companies House to lodge any objections to the company being closed. If you have an outstanding BBL you cane expect an objection from your bank shortly after the notice is posted.

 

[smallbusiness2021uk]

Statement was due 1st June.

Have no bbl or anything.

Ceased trading and just want to close it. Just wondered if I was going to be fined or anything due to not filing it

 

[ChrisCallaghan]

Companies House will usually issue fine for non or late filing. However these will be against the company, not you personally. Once the company is dissolved any fines against the company will not be enforceable (i.e. written off)

 

[thevaliant]

Companies House will usually issue fine for non or late filing. However these will be against the company, not you personally. Once the company is dissolved any fines against the company will not be enforceable (i.e. written off)

The bit in bold is not correct.
Companies House only issue a fine for the late filing of a set of accounts.
No fines are issued for late confirmation statement filing, no matter how late you are.

If you make NO filings, then you never get any fines. The trigger point for a fine from Companies House is the filing. No filing, no fine.

You *could*, in theory, be prosecuted as a director by them. It is illegal to not file on time.
I understand, in the history of Companies House, they have made ONE attempt at a prosecution for not filing an annual return (defunct since 2016 and replaced by the Confirmation Statement). Upon commencement of this action, the director filed the Annual Return and therefore the action was discontinued.

 

[ChrisCallaghan]

@thevaliant thank you for clarifying! I always assumed fines were issued for late submission of a confirmation statement. Always happy to corrected. Every day is a school day!

 

[smallbusiness2021uk]

Thanks guys.

So best bet is to not file the confirmation statement at all?

 

[Scalloway]

If the company has no assets then that is probably simplest.

 

[thevaliant]

Your best bet is to file form DS01 and pay the £8 (online) or £10 (paper) fee.

If you don't file the confirmation statement, strike off will almost certainly happen but there is a risk [1] Companies House might prosecute you instead.

[1] The chances of this happening are slightly less than the chances of me having won the lottery last weekend. When I didn't buy a ticket and don't know anyone who would just hand me the winning one.

 

[Spreadsheet Accountant]

@thevaliant I disagree. Leaving to be struck off is effective.

However, and this is why I responded, I have of late been wondering if this may change for example in light of the recent anti phoenix measure to allow companies to be restored to the register (i.e. for BBL Banks) - which seems superfluous as the court has always been able to do that.

Anthony

 

[smeddd75648]

Hello, I live outside the UK. Last year, I had opened an LTD entity in Companies House. Now, it is time to file a confirmation statement. They had sent me a warning email earlier. I had opened the LTD in order to start an online business. But I was unable to do so and I do not have any money to pay for the confirmation statement or to even voluntarily strike off the company. If I don't file the confirmation statement and they compulsorily strike off my company, will they criminally prosecute me? What could be the consequences? By the way I live in a foreign country (outside the UK), but lets say if I go to UK after 5 years for whatever reason; will it create a problem for me? I had never been to the UK before. What is the best solution here as either way I would like to close the entity?

 

[Scalloway]

As far as I am aware if the company is struck off that is the end of the matter.

 

[smeddd75648]

As far as I am aware if the company is struck off that is the end of the matter.

Okay, thanks.