I have been asked to sort out a dormant company where the director missed submitting the Abbr. Balance Sheet by a day. Companies House are now commencing legal proceedings. As he would like this company to be struck off what are the ramifications of allowing judgement to be entered against the company and waiting for CH to strike him off. He is not currently working at present as he has been ill, so could do without having to pay the £250 and then initiate strike off.
Replies (13)
Please login or register to join the discussion.
Are the proceeding against the director or the company. Also one day late doesn't incur a £250 fine but instead £150
I had a similar situation a while ago and after talking with Companies House the striking off process ran its course and the penalties were cancelled.
I assume the company has no assets. If not point out to Cos House (in case they haven't noticed) that the company is dormant and will not/cannot pay. Tell the director to resign and eventually Cos House will strike it off without further effort from you or the ex director
No
Thank you so much for that, kind of obvious but it hadn't really occurred to me. I don't really understand why they are chasing, on that basis. Can a Director resign and leave it without an office holder?
Strictly speaking, no. Personally I wouldn't feel comfortable with that. A tenner for the striking off process would leave me in a more peaceful frame of mind.
Up to the director whether he feels that's money well spent.
No -one is forced to be a director and I know of nothing legally preventing the resignation particularly if Cos House persist in being silly and litigatious
True but
No -one is forced to be a director and I know of nothing legally preventing the resignation particularly if Cos House persist in being silly and litigatious
That's true, but the shareholders are supposed to appoint someone else. So the burden is switched to them.
Though, on reflection, not being able to get someone else might be cited as good reason for closing down the company.
I'd pay a tenner
as suggested by LoL & close it down properly. The £150 fine (£375 if now more than 1 month late) only kicks in if you file accounts which should now be avoided so that you don't trigger the penalty.
Already filed
The £150 fine (£375 if now more than 1 month late) only kicks in if you file accounts which should now be avoided so that you don't trigger the penalty.
But I think the problem here is that the accounts have already been filed - late. So it's too late to avoid filing them.