First Gazette Notice For Compulsory Strike Off

First Gazette Notice For Compulsory Strike Off. Written by John Waller. Consultant. Reviewed July 3rd,2024.

What is a Gazette’s first notice for compulsory strike-off?

A limited company receiving a first gazette notice for the compulsory strike off of a limited company announces a creditors’ intention to commence the legal process of striking your company off the register of companies maintained at Companies House.

Once a company is struck off the register at Companies House, it undergoes a significant change and ceases to exist as a legal entity. This means that directors must cease all trade, marking the end of the company’s operations.

Receiving a compulsory strike off notice signifies intent to have your company forcibly struck off the register. However, such measures arise due to the failure of the company to

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

Companies House initiates the process of a compulsory strike off.

The formal publication in the Gazette of the notice for compulsory strike off application includes the company receiving a public strike off notice, which commences 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 Gazette notices in;

  • London Gazette: For companies registered in England and Wales.
  • Edinburgh Gazette: Applies to Scottish registered companies and
  • Belfast Gazette: For Northern Ireland Companies.

The company’s location plays a vital role in determining where the first gazette notice of compulsory strike off appears, 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 receives a first Gazette notice for compulsory strike-off continues trading up to being struck off the register.
A: YES. However, it must not buy anything on any form of credit. The company directors remain open to criticism if they are not exposed to being personally liable.

The notices published in the Gazette announce the company’s removal date from the companies 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 it can be removed from the register. The notice is usually directly related to the company’s unfiled accounts or any tax paid.
Two scenarios exist which instigate this scenario:

  • The company directors voluntarily determine they no longer require the company;
  • Other parties may then wish to petition for compulsory company dissolution. Companies House usually prompts this due to a company’s failure to file accounts or update its confirmation statement annually. The strike-off request published in the Gazette then prompts two months, allowing objections to be raised. Nevertheless, if you do not receive a response, the company shall be removed from the register at 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 receives its first Gazette notice for compulsory strike off. Then, your response depends on your intentions for the company’s future, 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 do you inform HMRC of your first Gazette notice?

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

Suspending First Gazette Notice for Compulsory Strike-Off applications?

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

The company’s creditors may object to the application if they remain unpaid. The company strikes off its house register if it allows an application to pass unchallenged. Thus, 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.

What happens after a company strike off application is suspended?
Suppose your strike off application has been suspended. Therefore, a creditor has objected to your proposal to dissolve the business, ensuring your company remains active and on the Companies House register. The dissolution of the company remains on hold until someone initiates another application and no objections are received or you take steps to have the company placed into liquidation.

First Gazette Notice For Voluntary Strike Off

Suppose I have assets left in my company?

Once your company ceases trading and dissolves, any remaining assets will be deemed ‘bona vacantia‘ (Vacant Goods) and property of the crown, as the company’s legal entity status ceases.

Suppose you have assets in your company. Therefore, assuming you require ownership back, 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 register to arrange the legal separation of the asset. Ensure you seek legal advice, ensuring the assets remain retained without title. Perhaps consider a Members Voluntary Liquidation (MVL) as the extraction process.

An MVL allows shareholders to claim Business Asset Disposal Relief(formerly known as Entrepreneurs Relief) by using a licensed insolvency practitioner while ensuring tax clearance.

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

Can a Creditor block the Strike Off?

If creditors want to block the strike-off, they can submit a challenge to Companies House evidencing the debt. HMRC, one of the UK’s largest creditors, watches the Gazettes for notices and may block the motion if they have unpaid taxes.

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