Objecting to a limited company being struck off

Source: HM Revenue & Customs | | 07/10/2019

There are a limited range of circumstances when a company can request to be removed from the register (known as being struck off). For example, a voluntary strike off can be requested by a dormant or non-trading company.

You can object to a limited company’s application to be struck off the companies register if you’re a shareholder or other interested party, such as a creditor, and have a reason to stop the application, for example:

  • you have not been told about the company’s decision
  • you think the declarations on the company’s application are false
  • the directors have broken the law, for example tax fraud
  • you want to take legal action against the company

When a company has applied to be struck off, it is required to post a notice in the Gazette. You can only raise an objection (to Companies House) after this notice has been published.

You will need to provide evidence to support your objection, for example invoices showing the company is still trading or owes a debt.

Companies House must receive your objection at least 2 weeks before the notice expiry date (2 months after the date of publication). Companies House will let you know if your objection is successful and will usually set a time limit during which the company cannot be struck off.

 

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