First Gazette Notice For Compulsory Strike Off

First Gazette Notice For Compulsory Strike Off. Written by John Waller. Consultant. Reviewed June 1st,2024.

Receiving a notice for compulsory strike off notice for your company to be struck of the registrer, usually signifies an application has been lodged to forcibly close a limited company. However, such measures are usually due to the failure of the company to

  • The company has ceased trading.
  • Fulfil its accounting obligations.
  • Failure to file annual confirmation statement.
  • No directors appointed.
  • Pay fines and or fees.

Companies House initiates the process of a compulsory strike off.

Formal publication in the Gazette of the notice for compulsory strike off  application includes the company receiving a public strike off notice. Therefore commencing  the initial step in the process known as the ‘first Gazette notice for compulsory strike off’. The notice marks the beginning of a potentially complex and challenging journey for the company.

Publishing a first Gazette notice for compulsory strike off involves one of three published Gazettes notices in;

  • London Gazette
  • Edinburgh Gazette and
  • Belfast Gazette.

The location of the company plays an important role in determining where the first gazette notice of  compulsory strike off appears therefore raising the question: What prompts the notice, and what could be the potential repercussions for the company and its directors?

It’s important to note that a strike off can be either voluntary, initiated by Directors who no longer have a use for the company and wish to close it, or compulsory, initiated by a third party petitioning for your company’s closure.

Received a “First Gazette Notice For Compulsory Strike Off”?

Q: A formal strike-off requires the recipient company to have three months’ notice before removing the company from the register. Usually directly: May, a company that has received a first Gazette notice for compulsory strike off to trade up still to finally being struck off?

A: YES. Though, it must then not buy anything on any form of credit. The company directors remain open to criticism if not exposed to being personally liable.

The notices published in the Gazette, announces the date on which the company has been removed from the company’s house register. The company then legally ceases all activity, including continuing trading.

Receiving a first Gazette notice for compulsory strike off requires the recipient company to have three months’ notice before removing commence the company from the register. Usually directly related to the accounts of the company that did not file nor any tax paid.

Two scenarios exist which instigate this scenario:

  • The  companies directors voluntarily determine the company no longer required; 
  • Other parties may then wish to petition for compulsory dissolution of companies. Usually prompted by Companies House due to failure to file accounts for the company or update annually, the company’s confirmation statement. The strike off request published in theGazette then prompts two months, allowing objections to be raised. However, if none forthcoming, the company shall be removed from the register at the companies house and cease to exist.

What action remains required once the company has been served a first Gazette notice for compulsory strike off?

Suppose your company has been issued it’s first Gazette notice for compulsory strike off. Then, your response depends on your intentions for the future of the company, if any.

If you no longer require the company, perhaps allowing the first Gazette compulsory strike off may be acceptable.

However, your company may have an objection if outstanding debts exist within the company.

Alternatively, suppose you want your company to remain active. You must request that striking off be ceased by filing a suspension application to Companies House.

Success may then depend on why your company received a notice.

How to inform HMRC of your first Gazette notice for compulsory strike off

Advise HMRC as soon as you receive a first notice of compulsory strike on the basis of the form CT600 and the final accounts are enclosed with a letter confirming the commitments of shareholders and directors of the company.

Suspending First Gazette Notice For compulsory Strike Off applications?

In addition to company directors and shareholders, the creditors of the company, especially HMRC, may also oppose the strike off process if owed money.

The company’s creditors may object to the application if they remain unpaid. They allow an application to pass unchallenged, resulting in the company striking off its house registrar. So then you will not have the opportunity to recover the monies owed.

So should the strike-off objection succeed, will your company remain live and trade on?

Sections 1004 and 1005 of the Companies Act 2006 outline the circumstances in which a company may not apply to be struck off.

First Gazette Notice For Voluntary Strike Off

Suppose I personally have assets left in my company?

Company assets remaining in the company once dissolved will be deemed ‘bona vacantia‘ (Vacant Goods) and are property of the crown, as the company now has no legal entity status.

Suppose you have assets in your company. Therefore, assuming you would require ownership back? Then file an objection upon receiving a first Gazette notice for compulsory strike off. Subject to the success of your objection! Your company remains on the registrar to arrange legal separation of the asset. Ensure you seek legal advice, ensuring the assets remain retained without any title. Perhaps consider a Members Voluntary Liquidation (MVL) as the process of extraction.

An MVL allows claiming Business Asset Disposal Relief(Formerly known as Entrepreneurs Relief). Using a licensed insolvency practitioner while ensuring tax clearance.

For further help when receiving a “First Gazette Notice for compulsory strike-off”.

Please contact HBG Advisory for a “FREE” initial talk on “first Gazette notice for compulsory strike off” :

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