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Posted: Wed Sep 05, 2007 3:18 pm
by ray_a
I know this is not the right place to ask but an interesting problem has arisen and the IP's may know the answer faster than I could!
Just been asked by someone who has a problem with a company which is dormant and an accountant did not file the accounts with Revenue and Customs.
I am under the impression a company that is dormant has no assets so how can it pay and does any IP's have any suggestions about closing the company down please?
Posted: Wed Sep 05, 2007 3:38 pm
by mikebdomain
Direct from companies house
Winding up a company
A company may be wound up voluntarily if it cannot pay its creditors. It may also be wound up by order of the court on the petition of a creditor. In either case, relevant documents need to be sent to Companies House.
The following guidance is provided to help you understand how to wind up a company and the legal requirements that you must adhere to.
http://www.companieshouse.gov.uk/about/ ... gbw1.shtml
The company directors are liable for a Limited company fines
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Posted: Wed Sep 05, 2007 6:19 pm
by MelanieGiles
I would suggest that a striking off application to the Registrar of Companies under Section 652 of the Companies Act is more appropriate and much cheaper than a winding-up.
Regards, Melanie Giles, Insolvency Practitioner for over 20 years.
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Posted: Thu Sep 06, 2007 11:13 am
by ray_a
Hi Melanie
I must admit that was what I first thought and if the Revenue objected it could be sorted given the comapny had not traded and has no assets.
Many thanks for the advice!
Posted: Thu Sep 06, 2007 11:27 am
by mikebdomain
To be honest I feel that the Revenue might well object striking off
The striking off procedure is not an alternative to formal insolvency proceedings where these are appropriate, as creditors are likely to prevent the striking off. Even if the company is struck off and dissolved, creditors and others could apply for it to be restored to the register.
A phone call to companies house should clarify
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