Late filing Penalty for dormant Company

Late filing Penalty for dormant Company

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Private Ltd Company stopped trading 6 years ago has just received a late filing penalty from Companies House for £5,000.  The directors assumed (wrongly) that their accountants had dealt with everything.

Am I right in thinking, that if they just ignore the penalty notice the Company will be struck off and that will be the end of it? Or am I missing something.....................?!

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Universe
By SteveOH
16th May 2011 14:47

Either that or submit Form DS01

If you just leave it you may end up receiving letters from Comapnies House solicitors. I would download and file Companies House Form DS01 and that will be the end of it.

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By bernard michael bayly
16th May 2011 15:08

Late filing penalty

As you only receive a late filing penalty when you file accounts what prompted the client to file accounts ?

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By 1chillibass
16th May 2011 15:27

They haven't filed any accounts

which is why I thought that if they left it they would just be struck off

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By bernard michael bayly
16th May 2011 16:39

Late filing penalty

Sorry but your OP said the client had received a penalty. Now I'm confused have they received or are they frightened that they might receive a penalty if they file

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By lisler
17th May 2011 21:02

How does that work?

 Isn't it a criminal offence not to file accounts for a limited company?

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David Winch
By David Winch
17th May 2011 23:41

Offence

Have a look at s451 Companies Act 2006.  It is an offence by the directors.  In addition the company may be liable to a civil penalty under s453.

But the practicality is that the civil penalty is normally pursued when accounts are filed late (rather than when accounts are not filed on time) and the criminal penalty is not normally pursued.

David

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Euan's picture
By Euan MacLennan
18th May 2011 11:23

Yes, but ...

Under s.451(4) CA 2006, the fine (not penalty) for the criminal offence is levied on the directors (not the company) only after summary conviction.  Have the directors been convicted?  Is it their fine?

Under s.453(2)(a), the civil penalty, which is levied on the company, depends on the length of period between the filing deadline and the date on which the accounts are delivered to the registrar under s.441.  If the accounts are never filed, a penalty cannot legally be imposed under s.453.

Incidentally, how do you get to late filing penalties of £5,000 when the penalties are £150, £375, £750 & £1,500 for the various periods of default for a private company?

And ... if accounts have not been submitted for the last 6 years, why have Companies House not struck the company off the register?  Has someone been filing annual returns for all this time to keep the company alive?

And ... where is the registered office?  Has the company not received lots of previous correspondence from Companies House before the £5,000 penalty notice?

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