30-06-2019

8. Withdrawal of the strike off application

If the company changes its mind and no longer wants to be struck off, or if the company becomes ineligible for strike off, the directors must ensure the application is withdrawn immediately by completing the ‘Withdrawal of striking off application by a company’ form DS02. It’s easier and quicker to file your withdrawal of strike off application online.

A company must withdraw their application to strike off immediately if it:

trades or otherwise carries on business

changes its name

for value, disposes of any property or rights except those it needed in order to make or proceed with the application (eg the company may continue with the application if it disposes of a telephone used to deal with enquiries about its application)

becomes subject to formal insolvency proceedings or makes a section 900 application (a compromise or arrangement between a company and its creditors)

engages in any other activity, unless it was necessary to:

make or proceed with a striking off application

conclude affairs that are outstanding because of the need to make or proceed with an application (such as paying the costs of running office premises while concluding its affairs before disposing of the office)

comply with a statutory requirement

Any director may file the application to withdraw the strike off action to the registrar using our WebFiling service. Alternatively, the application can be withdrawn by submitting a paper form DS02.

Section 1009 of the Companies Act 2006 contains the full circumstances that mean you must withdraw an application for strike off. There are offences associated with failure to withdraw an application.