Notice of compulsory strike off

[numbersrule]

When there is a notice of compulsory strike off giving 2 months notice does that mean the Annual Accounts must now be filed before the 2 months are up?

Or is there a way of appeasing CH to buy more time?

One month has already elapsed.

Thanks

 

[NickGrogan]

When there is a notice of compulsory strike off giving 2 months notice does that mean the Annual Accounts must now be filed before the 2 months are up?

Or is there a way of appeasing CH to buy more time?

One month has already elapsed.

Thanks

Check with your accountant/bookkeeper as to why the annual accounts have not been prepared or filed.

Ask them what they did in the month since the letter came.

It shouldn't take a month to prepare the annual accounts, so ask your accountant/bookkeeper to get on with it, or find a new one.

What is the end goal? If you want to close the company then no accounts are needed, if you want to keep the company, sort it out in the next month.

CH are very unlikely to give more time.

 

[Lee Green]

you can simply contact companies house and object to the strike off.

 

[NickGrogan]

you can simply contact companies house and object to the strike off.

What would your reason be?

 

[Lee Green]

What would your reason be?

That the company is still trading, assuming that is the case. In which case you would provide copies of some recent invoices to demonstrate this.

At the same time, you clearly should look to file anything this is overdue.

 

[NickGrogan]

interesting, how long would they typically let you do this, before striking off anyway?

 

[Lee Green]

interesting, how long would they typically let you do this, before striking off anyway?

I'm not sure i fully understand what you are asking?

Here is the guidance on the gov website:

"3. After you object​

Companies House will let you know if your objection is successful. If it is, the company will not be struck off for another 6 months.
Tell Companies House before this deadline if you either:

• need more time, for example to complete legal action against the company
• resolve your issue with the company and no longer object to it being struck off

If you want more time, Companies House will ask you to prove that you’ve made progress towards resolving your issue. For example, if the company owes you money and you have simply sent another invoice, Companies House is unlikely to extend the deadline. If you’ve started legal action to recover a debt they may do.
If you do not contact Companies House before the time limit and the company still meets all the conditions to be struck off, it will be struck off."

The final paragraph is worth noting. As they can proceed to dissolution without reverting back to you once the suspended period expires.

 

[numbersrule]

Thanks Nick Grogan and Lee Green
The aim is to keep the company going.
The company is solvent.
Poor excuse but my understanding is that the accounts are simply late due to poor communication and inaction by the Accountant compounded by a very busy business owner who has taken his eye off the ball.
I don't know yet what has been done since the First Notice.
I am the prospective bookkeeper who the business owner has approached to bring the bookkeeping into good order.
I haven't been appointed yet, and won't be for at least another week or so.
It sounds like a month to get the bookkeeping in order as well as coordinating with the Accountant may be a challenge, but agreed probably achievable.
Sounds like the solution is to just do it in time. But what if that's not possible?
I think the 6 months in Lee's post is when a Creditor Objects.
My understanding now is that the business owner should apply for a suspension of the strike off notice.
I suspect the rules around timescales may be different for creditors (there are none) as opposed to the business owner applying as is the case here but I can't find anything online about that.
I intend to phone CH tomorrow and will let you know.

 

[David Griffiths]

Objections to striking off are normally lodged by creditors of the company who want the opportunity to recover their money before the dissolution. I'm not sure that Companies House would take any notice of an objection from the company itself or one of its officers.

 

[Daybooks]

Although never personally done, I believe the directors can contact Companies House to seek a suspension ( buy more time as you put it ). They would need to convince them that the company is trading and that any overdue documents will be filed promptly. Automatic penalties are usually issued once filing takes place. You may not get a second chance.

I believe simply filing any overdue document works well.

Best of luck and trust it’s not related to your other postings .

 

[NickGrogan]

I suspect the rules around timescales may be different for creditors (there are none) as opposed to the business owner applying as is the case here but I can't find anything online about that.

If/when you're hired, you could issue an invoice to the company; they could not pay it immediately, thus making you a creditor.

You can then object as a creditor and get the full six months.

I wouldn't recommend asking Companies House about this, but looking at @Lee Green post above it should work.

 

[numbersrule]

I believe simply filing any overdue document works well.

Best of luck and trust it’s not related to your other postings .

Thankfully other posting is unrelated ( having solved some problems word is getting round ).

Apparently the Accountant has been jolted into Action now and is well aware the ball is in his court.

 

[numbersrule]

If/when you're hired, you could issue an invoice to the company; they could not pay it immediately, thus making you a creditor.

You can then object as a creditor and get the full six months.

I wouldn't recommend asking Companies House about this, but looking at @Lee Green post above it should work.

Interesting idea!
But I don't think I charge enough for it to be a material objection!

 

[NickGrogan]

Interesting idea!
But I don't think I charge enough for it to be a material objection!

Charge more...