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Company dissolved by Companies House

I've had a few clients who have experienced the 'proposal to strike off' status with CH becuase they've not submitted their annual return, and CH have got tighter with this over the last couple of years.

However, I've now encountered the threat being taken all the way!

New client has a company and was being represented by someone who also had a full time job.  He got a shocking deal, no advice, and didn't really appreciate his responsibilities as a director.

Anyway, to cut a long story short, the company was set up in Jan 09, the first Gazette was June, and finally dissolved last week, with no documents being filed at CH.

The question I have is, I presume HMRC would have had chance to chase for debts.  Now that the company is dissolved, can they pursue anything?

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By SteveOH
28th Sep 2010 12:48

No - the company is dead

Although, I think that there are circumstances where they could apply to have the company reinstated if they were a creditor. It would be a judgement call on the part of HMRC and I haven't seen it happen.

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Quickly !

Make sure your client removes any funds from the company bank account before the bank find out it has been struck off.

Otherwise, the bank will send the money to the crown and your client will have to re-instate the company to access the funds.

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28th Sep 2010 14:22

Company dissolved

On a procedural point CH would have sent copious letters to the registered office before they struck it off

Were thay ALL ignored or were they sent an address controlled by the company's advisor, in which case sue him for any losses

Generally the banks have an instant link to CH re companies being struck off so they will immediately freeze the account - too late to move the cash

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29th Sep 2010 10:10

Thanks for your replies

The first that the client knew about it was when his bank let him know that they were sending the funds to the Treasury, so too late for any cash.

The client had moved during the last year (I'm not sure when), and the registered office wasn't changed.  He maintained that he had address divert on and was receiving correspondence, although we all know that clients don't always understand some of the HMRC/CH correspondence they receive.

 

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