Companies House to resume compulsory strike off action from 10 October 2020
From 10 October 2020, Companies House will resume compulsory strike off actions against companies that Companies House has reasonable cause to believe are no longer carrying on business or in operation. The compulsory strike off process has been temporarily suspended since April in response to the Coronavirus pandemic. Directors should therefore be reminded to make up any outstanding filings urgently.
The strike off process typically starts with two warning letters from Companies House informing its intention to strike off the company from the register of companies; if no response is received to the letters, a notice will be published in the Gazette with a view to striking the company’s name off the register of companies. The notice will state that at the expiry of two months from the date of the Gazette notice the name of the company will, unless cause is shown to the contrary, be struck off the register and the company dissolved. A copy of the notice will also be placed on the company’s record at Companies House.
Companies House will usually begin this process if:
- deadlines for routine filings (e.g. confirmation statements and annual accounts) are not met and no response received to their letters;
- letters sent by Companies House are returned undelivered; or
- the company has no directors.
If no objections are received, deadlines on accepted objections are not met, or outstanding documents are still not filed, then on the expiration of two months from the date of publication in the Gazette, the company will be struck off the register and will cease to exist.
Companies House has also resumed the voluntary strike off process, lifting the temporary measures that were put in place in March 2020 to suspend voluntary strike off action during the Coronavirus outbreak. Starting from 10 September 2020, if there are no objections to a voluntary strike off application of a company and the two-month period from the publication of the Gazette notice has expired, the company will be struck off shortly afterwards.
If your company is struggling to meet filing deadlines, is facing compulsory strike off action, or you require assistance objecting to a voluntary strike off application, please contact a member of our corporate team or speak with your usual contact at Kerman & Co.