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Home Corporate Services Guidance to Company Dissolution and Restoration Who Can Apply to Give a Company Struck-Off the Companies' Register?

Who Can Apply to Give a Company Struck-Off the Companies' Register?

Who can apply to give a company struck-off the companies' register?

Company Struck-Off

A private company that is not trading may apply to the Registrar to be struck off the Register. It can do this if the limited company is no longer needed. For example, the active directors may wish to retire and there is no-one to take over from them; or it is a subsidiary whose name is no longer needed; or it was set up to exploit an idea that turned out not to be feasible.

The procedure is not an alternative to formal insolvency proceedings where these are appropriate, as creditors are likely to prevent the striking off. Even if the company is struck off and dissolved, creditors and others could apply for company restoration.

A private company can apply to be struck off if, in the previous three months, it has not: traded or otherwise carried on business.

Changed its name. For value, disposed of property or rights that, immediately before it ceased to be in business or trade, it held for disposal or gain in the normal course of its business or trade (for example, a company in business to sell apples could not continue selling apples during that three-month period but it could sell the truck it once used to deliver the apples or the warehouse where they were stored).

Or, engaged in any other activity except one necessary or expedient for making a striking-off application, settling the company's affairs or meeting a statutory requirement. However, a company can apply for striking off if it has settled trading or business debts in the previous three months.

A company cannot apply to be struck-off if it is the subject, or proposed subject, of: any insolvency proceedings (such as liquidation, including where a petition has been presented but has not yet been dealt with).