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Legislation
Companies Act 2006

Crossheading Registrar's power to strike off defunct company

  • Section 1000 Power to strike off company not carrying on business or in operation
  • Section 1001 Duty to act in case of company being wound up
  • Section 1002 Supplementary provisions as to service of communication or notice
  1. Registrar's power to strike off defunct company
  2. Power to strike off company not carrying on business or in operation

Section 1000 | Power to strike off company not carrying on business or in operation

From legislation.gov.uk

(1)If the registrar has reasonable cause to believe that a company is not carrying on business or in operation, the registrar may send to the company a communication inquiring whether the company is carrying on business or in operation.F1

(2)If the registrar does not within 14 days of sending the communication receive any answer to it, the registrar must within 14 days after the expiration of that period send to the company a second communication referring to the first communication, and stating—F2F3F4

(a)that no answer to it has been received, and

(b)that if an answer is not received to the second communication within 14 days from its date, a notice will be published in the Gazette with a view to striking the company's name off the register.F5F6

(3)If the registrar—F7F8

(a)receives an answer to the effect that the company is not carrying on business or in operation, or

(b)does not within 14 days after sending the second communication receive any answer,F9F10

the registrar may publish in the Gazette, and send to the company ..., a notice that at the expiration of 2 months from the date of the notice the name of the company mentioned in it will, unless cause is shown to the contrary, be struck off the register and the company will be dissolved.

(4)At the expiration of the time mentioned in the notice the registrar may, unless cause to the contrary is previously shown by the company, strike its name off the register.

(5)The registrar must publish notice in the Gazette of the company's name having been struck off the register.

(6)On the publication of the notice in the Gazette the company is dissolved.

(7)However—

(a)the liability (if any) of every director, managing officer and member of the company continues and may be enforced as if the company had not been dissolved, and

(b)nothing in this section affects the power of the court to wind up a company the name of which has been struck off the register.

Notes

  1. F1

    Words in s. 1000(1) substituted (11.7.2014) by The Companies (Striking Off) (Electronic Communications) Order 2014 (S.I. 2014/1602), arts. 1(1), 2(2)(a)

  2. F2

    Words in s. 1000(2) substituted (10.10.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 103(2)(a)(i), 164(1) (with s. 103(5)); S.I. 2015/1689, reg. 4(c)

  3. F3

    Words in s. 1000(2) substituted (11.7.2014) by The Companies (Striking Off) (Electronic Communications) Order 2014 (S.I. 2014/1602), arts. 1(1), 2(2)(b)

  4. F4

    Words in s. 1000(2) substituted (10.10.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 103(2)(a)(ii), 164(1) (with s. 103(5)); S.I. 2015/1689, reg. 4(c)

  5. F5

    Word in s. 1000(2)(b) substituted (11.7.2014) by The Companies (Striking Off) (Electronic Communications) Order 2014 (S.I. 2014/1602), arts. 1(1), 2(2)(c)

  6. F6

    Words in s. 1000(2)(b) substituted (10.10.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 103(2)(a)(iii), 164(1) (with s. 103(5)); S.I. 2015/1689, reg. 4(c)

  7. F7

    Words in s. 1000(3) omitted (11.7.2014) by virtue of The Companies (Striking Off) (Electronic Communications) Order 2014 (S.I. 2014/1602), arts. 1(1), 2(2)(e)

  8. F8

    Words in s. 1000(3) substituted (10.10.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 103(2)(b)(ii), 164(1) (with s. 103(5)); S.I. 2015/1689, reg. 4(c)

  9. F9

    Words in s. 1000(3)(b) substituted (10.10.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 103(2)(b)(i), 164(1) (with s. 103(5)); S.I. 2015/1689, reg. 4(c)

  10. F10

    Word in s. 1000(3)(b) substituted (11.7.2014) by The Companies (Striking Off) (Electronic Communications) Order 2014 (S.I. 2014/1602), arts. 1(1), 2(2)(d)

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