Company Strike-Off Blocked by Anonymous Objector

How to find the objector?

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Hi everyone,

I'm dealing with a company strike-off that's been stopped by an objector for more than 2 years, but Companies House won't reveal who it is. Emails and calls haven't helped; they keep saying they can't share the objector's details for privacy reasons, and their advice is just to keep emailing.

Has anyone faced something similar? How did you deal with it? Any advice or alternative ways to handle this would be really appreciated.

Replies (24)

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By johngroganjga
21st Feb 2024 11:12

Does the company have any actual or potential creditors whose legitimate interests would be affected by the strike off? If so, why don't you ask them if they are the objector?

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By Roland195
21st Feb 2024 11:24

On the balance of probabilities, it will be either HMRC or BEIS in respect of a Bounce Back Loan - HMRC may have written to say they have objected though.

Did you act for the company before?

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Replying to Roland195:
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By FactChecker
21st Feb 2024 11:32

Less likely, but equally feasibly, it could be *any* disgruntled person (typically an ex-supplier or an ex-employee who isn't owed anything but felt hard done by).
Or even a malicious person wholly unrelated to the business (neighbour?) ... that by definition is the benefit/problem of anonymity!

I guess the real question is how badly and how quickly OP needs the strike-off?

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Replying to FactChecker:
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By FactChecker
21st Feb 2024 14:59

And finally that rather important question is answered by OP (at 12:45 below) ... which as others have pointed out looks to have answered OP's main question!

OP: have you considered talking to those other two parties (the one holding your guarantee and the one with the lease that it wishes to terminate early), rather than just trying to run away and hide?

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By paul.benny
21st Feb 2024 11:55

Are CH refusing to share details of the objector because you are an adviser rather than the company? Could the company itself request the details?

Will CH divulge the grounds for the objection if not the identifier of the objector? If the grounds are a debt owed or open legal action, I would have thought you would know about these.

From a quick scan of gov.uk, looks to me that an objection grants 6 months to allow objector time to launch legal action. If there is no legal action, not sure why the objection should be allowed to continue.

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RLI
By lionofludesch
21st Feb 2024 12:07

I take it there are no assets left.

I'd just ignore it - maybe resign as director. If CH pick up on it, just say there's no-one willing to act.

Nonsense deserves nonsense.

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Replying to lionofludesch:
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By zebaa
21st Feb 2024 12:36

Nice to hear from you again Hugo. I second Lions suggestion. Just resign and let Co house strike off.

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By Tom+Cross
21st Feb 2024 12:24

Companies House will provide either a; director for the company or, with the formal authority of a director, you, the agent. Companies House will then provide details of the objector.

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Replying to Tom+Cross:
RLI
By lionofludesch
21st Feb 2024 12:42

Tom+Cross wrote:

Companies House will provide either a; director for the company or, with the formal authority of a director, you, the agent. Companies House will then provide details of the objector.

Is that what you meant to say?

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Replying to lionofludesch:
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By Tom+Cross
21st Feb 2024 13:10

Absolutely not! Just another ramble, from this silly old duffer!

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Replying to Tom+Cross:
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By IreneXU
22nd Feb 2024 12:41

Tom+Cross wrote:

Companies House will provide either a; director for the company or, with the formal authority of a director, you, the agent. Companies House will then provide details of the objector.


Agree. Companies house will provide to the Director not Agent. Please have the Director contact companies house directly.
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Replying to IreneXU:
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By lionofludesch
22nd Feb 2024 12:55

IreneXU wrote:

Companies House will provide either a; director for the company or, with the formal authority of a director, you, the agent. Companies House will then provide details of the objector.

Agree. Companies house will provide to the Director not Agent. Please have the Director contact companies house directly.

They won't provide a director for the company, though.

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By Hugh D
21st Feb 2024 12:45

Thanks for your suggestions. To clarify, the company has no debts, and a director personally emailed Companies House seeking resolution. Despite this, we've only been told to wait for the objector to voluntarily come forward, without any further information on the objection. It feels quite unfair, as we're left in limbo without a clear path forward.

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Replying to Hugh D:
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By lionofludesch
21st Feb 2024 12:58

How is it affecting your life?

Why not forget about it and let the objector and CH continue their pointless battle?

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Replying to lionofludesch:
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By Hugh D
21st Feb 2024 13:57

this company is used as a rental guarantee for another company's lease, which now wishes to terminate the agreement early. We're concerned about potential entanglements and want to dissolve the company quickly to avoid further complications.

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Replying to Hugh D:
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By Roland195
21st Feb 2024 14:00

I suspect you may have just answered your own question then.

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Replying to Hugh D:
RLI
By lionofludesch
21st Feb 2024 14:04

Hugh D wrote:

this company is used as a rental guarantee for another company's lease, which now wishes to terminate the agreement early. We're concerned about potential entanglements and want to dissolve the company quickly to avoid further complications.

Look no further.

There's your objector.

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Replying to Hugh D:
Stepurhan
By stepurhan
21st Feb 2024 14:12

Hugh D wrote:

this company is used as a rental guarantee for another company's lease, which now wishes to terminate the agreement early. We're concerned about potential entanglements and want to dissolve the company quickly to avoid further complications.

Potential entanglements like the company having to make good on the guarantee?

Perhaps you're lucky that Companies House haven't struck the company off. The directors could otherwise have found themselves facing legal action for trying to dissolve the guarantor on the sly. They may already be in trouble.

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Replying to Hugh D:
Lisa Thomas
By Lisa Thomas - Insolvency Practitioner
21st Feb 2024 16:16

Has it filed all its final tax returns with HMRC? They will automatically object if there are returns outstanding.

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Replying to Insolvency Practitioner:
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By Roland195
22nd Feb 2024 09:05

Insolvency Practitioner wrote:

They will automatically object if there are returns outstanding.

They often don't seem to object though without rhyme nor reason that I can see.

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By fawltybasil2575
21st Feb 2024 15:14

@ Hugh D (OP).

To pick up on stepurhan's important cautionary words, I would respectfully suggest that, as a matter of priority, you obtain formal legal advice on the exposure (of all directors who authorised the application for strike off; and of the company itself) to action against them arising from breaches of Companies Act 2006).

In preparation for your so obtaining that advice, please refer especially to S.1000 onwards of that Act, and specifically S.1006, S.1010 and S.1011. In acknowledging my having no specialist knowledge in that field (let alone any legal qualifications in general) and thus requesting your considering my words with caution, I would hazard a guess that a withdrawal (under S.1010) of the application might be recommended so as to reduce that exposure.

S.1006 (1)(c), taken with S.1011, appears IMHO very relevant.

The legislation is here:-

https://www.legislation.gov.uk/ukpga/2006/46/contents

Basil

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Replying to fawltybasil2575:
Stepurhan
By stepurhan
21st Feb 2024 16:26

Always appreciate your detailed answers. A highly informative expansion on the concern I raised so briefly myself.

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Replying to stepurhan:
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By fawltybasil2575
22nd Feb 2024 01:06

@ stepurhan.

You are far too kind. Your post was substantially more important than mine, in identifying the "danger" - I just added a few bits of information to add "a little flesh to the bone".

Basil.

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By I'msorryIhaven'taclue
22nd Feb 2024 09:07

We've a client company with a history of suspended and discontinued strike-off notifications, stretching over many years. Earlier this month we received a letter from HMRC CT Services notifying us that HMRC had objected to the latest strike-off action.

So all is revealed; and now we know. HMRC's letter came on Form CTS87. So now you know.

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