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Post Info TOPIC: Being struck off for not filing annual return


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Being struck off for not filing annual return


If a Limited Company does not file its annual return can it be struck off even if it still has employees and creditors and is effectively still trading



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Forum Moderator & Expert

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yes.

From the sound of it you've hit this scenario. Here's a link to help you understand the process of getting the company restored.

www.gov.uk/restore-dissolved-company

If there are creditors of the company they can lodge an objection to the strike off which would suspend the action (not kill it) but of course they had to know about it to object to it in the first place!

You may also find this useful :

www.gov.uk/government/publications/company-strike-off-dissolution-and-restoration/strike-off-dissolution-and-restoration-gp4

HTH,

Shaun.

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Shaun

Responses are not meant as a substitute for professional advice. Answers are intended as outline only the advice of a qualified professional with access to all relevant information should be sought before acting on any response given.



Member

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Date:

Thanks Shuan

 

I will read with interest

 

Andrew



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Master Book-keeper

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 In answer to your question, yes they can.

Has Companies House started the process yet?  If it's just the severe warning that's been received you can still file the annual return and that will stop the process.  If the process has been started but is still at Gazette stage I would ring Companies House and see if a return can still be filed and the process cancelled.

 

 

 

 



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John 

 

 

 Any advice given is for general guidance and professional advice should be sought applicable to your circumstances.



Member

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Date:

Hello John

Yes Companies House have filed in the Gazzete My question is in response to an enquiry from an employee of the company, that despite reminders does not seem to want to file annual return. The employees are worried that if the company is struck off they will not be able to claim statutory redundancy owed to them.

Andrew

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Master Book-keeper

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As an employee, owed money, that person can object to the strike off notice. Better still if a few of them get together and put in an objection as soon as possible, giving due regard for the deadlines.

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 Joanne 

Winner of Bookkeeper of the Year 2015, 2016 & 2017 

Thoughts are my own/not to be regarded as official advice,which should be sought from a suitably qualified Accountant.

You should check out answers with reference to the legal position



Master Book-keeper

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Posts: 3904
Date:

Hi Andrew, apologies, I assumed you were asking from the employers prospective.  As Joanne says, get the employees to object.



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John 

 

 

 Any advice given is for general guidance and professional advice should be sought applicable to your circumstances.

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