As a creditor, and therefore an interested party you can object to a limited company’s application to be struck off.
Who needs to be informed if a company applies to be struck-off?
A company can apply to be struck off by the directors of a company and any application to be struck off must send a copy within 7 days to the following:
- Members and shareholders
- Former employees
- Landlords and tenants
- HMRC and DWP
- Managers or trustees of any employee pension fund
- Directors who haven’t signed the application
Any interested parties must be informed, and this includes any creditors, it is an offence to not copy the application to all relevant parties. The penalty for directors concealing an application from the relevant parties is an unlimited fine and up to seven years imprisonment.
Raising an objection
You should send any objection after the notice has been published in The Gazette. The objection must be received by Companies House at least 2 weeks before the notice is due to expire.
If you are objecting on the grounds that the company owes you money, then providing evidence to support your case is vital.
If you wish to object, you should do so in writing either by email or by post. If you are objecting by post then this must be sent to the office where the company is registered.
An objection can be emailed to email@example.com.
Companies House England and Wales
Registrar of Companies for England and Wales
Companies House Northern Ireland
Registrar of Companies for Northern Ireland
32-38 Linenhall Street
Companies House Scotland
Registrar of Companies for Scotland
Edinburgh Quay 2
If Companies House believes that strike-off is not suitable then the application will be rejected. If the company strike-off is rejected due to outstanding debts that cannot be paid, then the company is insolvent, and this means voluntary strike off won’t be permitted.
David is an authorised High Court Enforcement Officer and our Director of Corporate Governance