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company struck off

company struck off

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I have today met with a client who runs a small limited company - and still does but technically doesn't........

They have (as many do) been ignoring all post from HMRC/Companies House and it appears they never filed their annual return that was due in Jan-13 (they did file their first accounts last year (no income only set up expenses) themselves, more trade this year so they have sought help) 

During 2013 Companies House have written to them (many times I suspect) but all letters ignored. I have met with them with a view to doing the next accounts that are due by October 13 (Jan 13 YE) and during the meeting looked at their record and see the company has been struck off and dissolved. 

Ordinarily I wouldn't be too concerned for small start up businesses, but in the year to Jan 2013 they have made a trading loss of some £70k that will go a long way to offsetting trading profits they are now making in 2013/14 year. (incidentally - their bank account is still working even though the company was officially struck off by Cos House in early August)

Before I call companies House tomorrow and consider reinstatement - has anyone any practical advice (PS "run" or "steer clear" is not an option as it is the daughter of a very good long standing client!)

Thanks

Replies (7)

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By Tosie
18th Sep 2013 20:42

Administrative Restoration

No fines for late annual returns so very simple cheap route.

Practical point get money out of bank before bank wises up.

 

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By SteveOH
18th Sep 2013 20:49

Restore the company

I agree with Tosie; restore the company. It might cost a few hundred quid (or more?) but with £70k losses it would make sense.

There will no late filing penalties with Companies House as last year's accounts have been filed and you have time to file the 2013 accounts.

Did they file a CT Return last year? There may be a possible penalty from HMRC but, again, worth it to protect all those losses.

Let us know how you get on.

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By andy.partridge
18th Sep 2013 22:02

Bank account
Has it been frozen?
That could be a bit messy. It took a client of mine several months to get the company's money back from the bank.

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By Mouse007
18th Sep 2013 23:59

Bank Account 2

Had a couple of those go wrong, both 6 figures! Took months to sort.

Also had one run on for months after company struck off. NumptyWest.

First thing in the morning, call client and tell her to empty account and STOP using it immediately.

 

 

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By Ding Dong
19th Sep 2013 06:39

thanks all
I will look into the above first thing.

Regarding the bank, it is pretty empty, never more than £2k in there for more than a day as any income received this year has been withdrawn same day almost as wages/loan repayments against set up cost. Since "dissolution" about £3k has come in and all been withdrawn, balance on latest statement is £1.2k. So - luckily - not big beer.

If we apply now for administrative restoration, any idea how long it takes? And if accounts that are due by october (or should I say were(!) Due by October are filed in (say) November, I assume they will get a penalty as if the strike off never happened and the company is just behind in filing returns.

Thanks all and I will keep you posted if anything interesting occurs!

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By Randify
19th Sep 2013 12:05

Only restored one - took about 4 weeks

Dingdong - I have only ever restored a company once and it took about 4 weeks.  But that included writing to the treasury solicitor to request that bank account be unfrozen (client was sure he had £17k in there hence the restoration - yep it was empty as the money he thought had been paid in had been refunded to his client - no one had told him!!!). He incurred c.£1,800 in companies house fees for nothing - company is now closed.  Andy

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By steveoneill
19th Sep 2013 14:35

We have a brief guide on our AWEB supplier area for administrative restoration, current disbursements are Bona Vacantia office £65, RT100 fee £100 and £40 per annual return filing.

A lot can do the selves, but dependent on your methods allow 4 weeks e.g. once the submission has been approved by the Co Hse Restoration team it takes 5 working days to works its way the systems and appear live.

If you need help just contact me Steve O'Neill 

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