Registered Office Issue

[BabaYaga]

I am a 50% shareholder of a company which has never traded, is solvent etc... I want to strike it off as keeping the company open is of no use.

I asked the other Director if he would give consent to strike it off which he declined, I'm happy to resign from the company leaving it to him, but I've no idea where the registered office should be set to... when I spoke to companies house this morning they suggested a DS01 needs a majority shareholding which I can't get. They also suggested a RP01 but didn't know whether I should resign and then do the RP01 or the other way around!

Any help appreciated.

Cheers

 

[Ione]

As one of the options why not to donate the other shareholder your shares and you quit.

 

[BabaYaga]

As one of the options why not to donate the other shareholder your shares and you quit.

I've offered this option, the registered company office is currently my home address, after quitting I'd like to change the address to either his address or another address which isn't mine. He won't respond unfortunately.

 

[Ione]

In this case, you should better change the address first. But presumably, you are not able till you will reach an agreement.

 

[Ione]

Not sure whether it will work in your case because it is difficult in my country, however perhaps you might claim the other shareholder of not performing his obligations that eventually have negative consequences for the company, and through the litigation procedure try to get rid of him. And thereafter to apply for a strike off as the sole shareholder.

 

[BabaYaga]

Indeed, which right now doesn't look likely.

Not sure whether it will work in your case because it is difficult in my country, however perhaps you might claim the other shareholder of not performing his obligations that eventually have negative consequences for the company, and through the litigation procedure try to get rid of him. And thereafter to apply for a strike off as the sole shareholder.

Thats definately an option, but it feels a bit 'last resort', I've spoken to companies house who have suggested an "Apply to change a company's disputed registered office address (RP07)", think this might be the route to go down.

Thank you for your response lone - appreciate the suggestion.

 

[TODonnell]

The end you want to achieve it to not be responsible for the company, correct?

If you just resign as director and submit that form to Companies House, what ties do you then have to the company? https://www.gov.uk/government/publications/terminate-an-appointment-of-a-director-tm01

You're not liable any more, for anything. The company is, and also the other director has the responsiblity to keep it going. If he wants.

Just thinking out loud.