Preventing strike off and dissolution
Produced in partnership with Rickaby Shearly-Sanders
Preventing strike off and dissolution

The following Restructuring & Insolvency guidance note Produced in partnership with Rickaby Shearly-Sanders provides comprehensive and up to date legal information covering:

  • Preventing strike off and dissolution
  • Striking off by the Registrar of Companies
  • Dissolution of company—impact on structure of sale
  • Is the company likely to be struck off?
  • Practical steps to avoid striking off and dissolution
  • The letter objecting to striking off—cause to the contrary
  • Failure to prevent striking off and dissolution

This Practice Note considers the striking off of a company from the register of companies and how to deal with this in the context of a receivership sale of a property owned by a company that has been struck off and dissolved.

Part 31 of the Companies Act 2006 (CA 2006) provides two ways for a company to be struck off the register of companies and dissolved:

  1. voluntarily, on application by the company, and

  2. pursuant to the powers of the Registrar of Companies

This Practice Note is concerned with the latter of these two alternatives.

Striking off by the Registrar of Companies

The Registrar of Companies has the power to take steps to strike off a company in accordance with the statutory procedure if he has reasonable cause to believe that a company is not carrying on business or is in operation.

The Registrar is likely to instigate this process if a company has failed to make its annual statutory filings within a reasonable period following the filing deadline.

The striking off procedure is commenced when the Registrar writes to the company to enquire as to whether the company is still carrying on business or is in operation.

If the Registrar does not receive any response to his letter within 14 days, he will, within 14 days, send a second letter to the company, again