How to object to a company being struck off the register?
Posted on 11th January 2023 at 10:27
The term "strike off" refers to deleting the company's name from the Register of Companies kept by the Registrar. It is more like the company being closed down, and after being struck off, it will cease to exist and be unable to carry out any further operations. If you are a shareholder or another party with interest in the matter—for example, a creditor—and you have a good reason to oppose the application to have a limited company struck off the company register, you can do so.
A firm must publish a notice in the Gazette when it submits a strike-off request. Only after this notice has been published may you (to Companies House) object. You must offer proof to back up your complaint, such as invoices proving the business is still operating or owes a debt.
Your objection must reach Companies House at least two weeks before the notice's expiration date (2 months after publication). Companies House will inform you of the outcome of your objection and will typically include a window of time during which the company cannot be struck off.
It would help if you were interested in businesses on the strike-off list as a creditor for two reasons. First, you must be aware of the application to strike off a corporation if it owes you money to oppose it and make a claim on your obligations. The second reason is that failing to submit a company's accounts to Companies House on time may result in a mandatory strike-off notice. This issue may be a sign of more significant monetary problems.
Only solvent businesses can dissolve themselves using this technique. The company should take action to ensure no outstanding debts before a strike-off. This includes accomplishing all the tasks for which it has been hired and settling any outstanding debts.
Suppose you receive a formal letter from Companies House requesting the filing of your confirmation statement or company accounts and wish to continue doing business. In that case, you should answer it right away. You can stop future action by doing this and giving Companies House the data, they've requested. If the situation has gotten to the point where your company has received a strike-off notice, the course of action you follow will depend on your future intentions for the business.
The Registrar of Companies at Companies House can be contacted by email or postal letter with objections. Objecting essentially halts the company's application for dissolution until the matter is further studied, which typically takes three to six months. It is important to remember that, as long as they can show proof that the debt remains, creditors who are owed money may contest the company's dissolution even after it has been deleted from the Companies House record.
Reach out for assistance and consultation as soon as possible if you'd like to advise on keeping your firm operating or want to discuss the best approach to closing it, given its financial state.
If you need help our debt collection agency team can assist you anytime.
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