Can creditors object to a compulsory strike-off?

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Hi,

I know that if you apply to have a company voluntarily struck off the register, a creditor can file an objection so they don't lose the money they have lent. What I haven't been able to work out for certain is whether the same applies when notice has been given to compulsorily strike the company off, due to failure to file its accounts or confirmation statement. Is a creditor still able to get the strike-off suspended?

If so, does the company just carry on flouting the requirement for a confirmation statement indefinitely? I know the directors can be taken to court and fined, but does this happen often?

Thanks in advance.

Replies (4)

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By dhughes1975
14th Mar 2018 22:58

Of course. HMRC do it all the time where companies owe tax or have returns outstanding. If not, anyone that wanted a company to be struck off would just not file accounts / cs and job done.

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By Sam Blanning
15th Mar 2018 09:26

Thanks. That's what I thought, but I would still like to know what stops the directors from simply continuing to ignore the overdue confirmation statement, given that any application to strike off will be opposed by HMRC.

Is the lack of a confirmation statement ever likely to result in criminal charges?

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Replying to Sam Blanning:
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By Maslins
15th Mar 2018 12:26

Sam Blanning wrote:

Thanks. That's what I thought, but I would still like to know what stops the directors from simply continuing to ignore the overdue confirmation statement, given that any application to strike off will be opposed by HMRC.

Is the lack of a confirmation statement ever likely to result in criminal charges?

The sad reality is that actually enforcing these things is ridiculously expensive, so what will most likely happen is:
- Cos Hse say they'll strike the company off for non compliance.
- HMRC object due to debts owed.
(time passes, HMRC send a few letters but do nothing else)
- Cos Hse say again they'll strike the company off for non compliance.
- HMRC probably let it go as they don't have the resources to chase further.

Nothing happens to the director. Negligent directors can get away with pretty much anything. They're breaching multiple laws, but nobody has any teeth, or the desire to bite with them, to actually do anything.

Director laughs, starts new company, rinse and repeat.

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By bernard michael
15th Mar 2018 11:20

You have to write to Companies House objecting to the write off and enclosing proof of the debt. You only have 2 months from the posting of the strike off to get it stopped so don't delay

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