01-июля-2019

10. Companies no longer carrying on business or in operation

10.1 When the registrar may strike a company off the register

If a company is neither carrying on business nor operation, the registrar may take action to strike a company off the register.

The registrar may take this action if he has reasonable cause to believe that a company is not carrying on business or in operation. The registrar may take this view if:

he has not received company documents that should have been sent to him

mail that the registrar has sent to a company’s registered office is returned undelivered

the company has no directors

Before striking a company off the register, the registrar is required to write two formal letters and send notice to the company’s registered office to inquire whether it is still carrying on business or in operation. If he is satisfied that it is not, he will publish a notice in the relevant Gazette stating his intention to strike the company off the register unless he is shown reason not to do so.

A copy of the notice will be placed on the company’s public record. If the registrar sees no reason to do otherwise, he will strike off the company not less than 2 months after the date of the notice. The company will be dissolved on publication of a further notice stating this in the relevant Gazette.

10.2 How you can avoid your company being struck off

If you need your company to remain on the register, you must reply promptly to any formal inquiry letter from the registrar and deliver any outstanding documents. Failure to deliver the necessary documents may also result in the directors of a company being prosecuted.

10.3 Assets of a dissolved company

From the date of dissolution, any assets of a dissolved company will be ‘bona vacantia’. Bona vacantia means ‘vacant goods’ and is the technical name for property that passes to the Crown because it does not have a legal owner. The company’s bank account will be frozen and any credit balance in the account will be passed to the Crown.

You should address any enquiries about bona vacantia property, as appropriate, to:

Situation of the company: Who to contact

If the company is incorporated in Northern Ireland:
The Crown Solicitor, Royal Courts of Justice, Chichester Street, Belfast BT1 3JY

If the company is incorporated in Scotland:
The Queen’s and Lord Treasurer’s Remembrancer (QLTR Unit), Scottish Government Building, 1B Bridge, Victoria Quay, Edinburgh EH6 6QQ

If the company’s registered office is in Lancashire:
The Solicitor for the Affairs of the Duchy of Lancaster, Farrer & Co, 66 Lincoln’s Inn Fields, London WC2A 3LH

If the company’s registered office is in Cornwall or the Isles of Scilly:
The Solicitor for the Affairs of the Duchy of Lancaster, Farrer & Co, 66 Lincoln’s Inn Fields, London WC2A 3LH

In all other cases:
The Government Legal Department, Bona Vacantia Division (BVD) , PO Box 70165, London WC1A 9HG