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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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If a charity is a company limited by guarantee as well, and

Customer Question

If a charity is a company limited by guarantee as well, and changes name (but not the reg number, so same company), but closes down with Charity Commission - is the "new company, that's taken over, inherits the debts or do they die with the Charity?
Submitted: 3 years ago.
Category: Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

When you say new company you mean new Charity?

And is the new charity Ltd by guarantee too?
Customer: replied 3 years ago.

Company has changed the name from, lets say from A to B in November 2012 (when company A is searched on the Companies House register, it comes up with new name, B, but states that previous name is A) but Charity stayed called A until two weeks ago, when its de-registered with the Charity Commission. Company B is not a charity, a community group.


So, am I correct to think that company B is responsible for the debts of company/charity A, because its registered with the Companies House under the same number, address, directors etc? Is the fact that charity A no longer exists means that B (in essence, the very same entity) doesnt have to pay us the money they owe? Can we take B to court to recover our money?

Expert:  UK-Justice replied 3 years ago.
Who did you invoice, who is your contract with?
Customer: replied 3 years ago.

The initial agreement was with charity/company A, so was all the correspondence. However, last reminder we sent (10 days ago) was in the name of the company B, requesting payment based on the fact that they are, in fact, the same entity. I dont expect them to pay - they have tried to avoid paying us in every possible way. My Trustees have instructed me to take B to court, which is why Im trying to find out little bit more.

Expert:  UK-Justice replied 3 years ago.
As long as you are suing Co B under the name registered at Companies House you will be fine.

You should put the Defendant as 'Company B, previously trading as Company A'.

But yes you can sue.

Does that clarify?




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UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience: Called to the Bar in 2007
UK-Justice and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you, thats exactly what I needed to know!


 

Expert:  UK-Justice replied 3 years ago.
Welcome!
Expert:  UK-Justice replied 3 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice

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