The Registrar's powers to strike off a defunct company
The Registrar's powers to strike off a defunct company

The following Corporate guidance note provides comprehensive and up to date legal information covering:

  • The Registrar's powers to strike off a defunct company
  • Registrar's powers
  • Procedure
  • Objections prior to dissolution
  • Objections following dissolution
  • Registrar’s duty to strike off a company being wound up
  • Effect of dissolution

It is possible to strike off a company pursuant to Part 31 of the Companies Act 2006 (CA 2006) either:

  1. voluntarily, by the company’s directors, or

  2. by the Registrar of Companies in circumstances where it appears that the company is no longer in business or operation

This Practice Note summarises the Registrar’s power to initiate a strike off. For details on the voluntary strike off process, see Practice Note: Voluntary striking off.

Registrar's powers

The Registrar of Companies has power under the CA 2006, s 1000 to take steps to strike off a company if he has reasonable cause to believe that a company is not carrying on business or 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.

Procedure

The Registrar will contact the company to inquire as to whether the company is still carrying on business or in operation. CA 2006 was amended on 11 July 2014 to enable the Registrar to communicate with the company in electronic form as well as in hard copy form.

If the Registrar does not receive any response from the company within 14 days of sending the first communication, they will, within 14 days of the expiration of the 14-day p