Who Can Object To A Company Strike Off?

person putting hand out to object

A company strike off is the process in which a business is removed from the Companies House register so that it no longer exists. Company strike off may be voluntary in which a director applies to dissolve the company, for example if they are looking to retire or focus on other business ventures and do not want to liquidate the company. Alternatively, strike off may be compulsory in which a petition has been raised for the company to be struck off, for reasons such as the business failing to submit financial statements to the Companies House.

Who Is Notified Of The Strike Off?

Once the strike-off application is complete, the company must inform all interested parties of the intention to close by sending a copy of the application form within 7 days of completion. Notice of the company strike off will also be published in The Gazette so that all creditors and other connected parties are aware of the intended closure. Anyone can search The Gazette to find out if a company has applied to be struck off.

Who Can Object & Why?

Shareholders, employees, creditors and anyone else connected to the business can object to its being dissolved. Interested parties may choose to object to a company strike off for a range of reasons, such as:

  • It is suspected that creditors have committed fraud or wrongful trading
  • Not all necessary parties were correctly informed of the business being dissolved 
  • Directors falsely declared solvency (deliberately or due to accounting errors)
  • The dissolution process has not been followed correctly e.g the company failed to cease trading when required 
  • An employee wishes to take legal action against the company 
  • A creditor intends to take legal action to wind up the company

What Is The Process For Objection?

person typing on laptopWhen an objection is made, the company strike off is officially suspended until the objection has been investigated. This usually takes 3-6 months. Objections must be made 2 weeks before The Gazette notice expiry date, and can be emailed or posted to the Registrar of Companies at the Companies House. As part of the objection, evidence will need to be provided, such as invoices showing that the company is still trading. 

An important exception to note is that creditors can object to the dissolution even after the business has been removed from the Companies House, on the basis that they have evidence of the debt that exists.

What Happens If The Objections Are Upheld?

If an objection is upheld then the company strike off process will be stopped, or at least stalled. 

If the company has already been dissolved then it is possible for the company to be restored to the Companies House register and an investigation into the conduct of the directors prior to the dissolution will take place. Where there is evidence of misconduct or fraud, directors could be disqualified for up to 15 years, and in the most severe cases may face legal action. 

If you are considering dissolving your company or would like to know more about making an objection to a company strike off, please don’t hesitate to get in touch with the team at My Liquidation. 

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