Struck off company

Struck off company

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I've been approached with a view to acting for a limited company formed this year. During the course of the conversation it transpired that they were the owners of a company struck off the register with a substantial amount of money in the bank. It seems they had been advised that this was the appropriate action by the previous accountants due to tax/vat outstanding. No accounts were prepared, none filed which led to the Companies House action. I have suggested (professional clearance permitting) that I prepare a set of accounts for the period of trading to attempt to establish a taxation liability. The questions arising are

1) What are the fees to restore a company to the register ? Would the money then be returned to the company ?

2) There will doubtless be penalties/surcharges over and above the statutory ones for non filing that would be due. Would it be possible to establish what these would be prior to the restoration process (or are they part of the process itself ?)

Thanks in advance

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By Tosie
05th Oct 2011 18:48

see companies house web site

The fees are all set out on the companies house web page. it is a very simple process to get the company back. If the accounts were late at companies house before the company was removed you have to pay the outstanding penalties calculated to the day that the company was removed.

i.e.If the accounts were due 31/10/2010 and the company was struck off 28/11/2010 the fine would be £150 although by the time you file they maybe 14 months late.

The company cannot be restored without all accounts and annual returns being brought up to date.

I think that you should speak to the previous accountant as very often the situation is that they know that the vat and ct etc are more than the money in the bank.

Are you aware that you can apply for the money to be returned without having the company restored but you do have to state that all taxation liabilities have been paid.

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By frustratedwithhmrc
05th Oct 2011 20:06

Money is probable gone to bona vacantia

After the company was struck off any money sat in the company bank accounts should have gone to bona vacantia. This can be recovered, but you would need to explain how this situation arose.

http://www.bonavacantia.gov.uk/output/

 

 

 

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