How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Alex J. Your Own Question

Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3493
Experience:  Solicitors 2 years plus PQE
13113900
Type Your Law Question Here...
Alex J. is online now

Strike Off

Customer Question

Hi  I have to put one of my Media Limited companies into insolvency - am looking at strike off and advising creditors today: I am writing to all creditors today and to ensure they receive the letters in unison, it is legal for me to send them in an email format as a PDF attachment then say I will send hard copy in post the next day?

Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,

Thank you for your question and welcome.

My name is XXXXX XXXXX I will assist you.

Are you using the dissolution procedure and form DS01 at Companies House?

Or is this Voluntary liquidation?

Kind regards

AJ
Customer: replied 2 years ago.

It will be DS01 - I ceased trading on 7th January 2014

Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

Firstly under S.1004 you will not be able to make this application for at least 3 months. You only ceased trading on the 7 January 2014 and the DS01 procedure is barred if the company has traded in the previous three months. If you do use the procedure you could face criminal liability. If you want to wind the company up now then you have to put it into liquidation. If you do not then your creditors will probably do it for you. If your creditors do not petition for winding up then after three months you can use the strike off procedure (approx 7 April).

Secondly in theory sending an email followed by a hard copy of the letter is sufficient. The creditors have three months to object to the strike off anyway.

Can I assist any further?

Kind regards

AJ

Customer: replied 2 years ago.

Hi thank you. I am aware of the process and all is fine. I just wanted to ensure that email was okay with a pdf attachment.


 


Another couple of questions - I also changed the company name so am sending the insolvency notices on new company letterhead. I am also sending a letter from my other company (which has been trading for 5 years and has the same company name as the one I am striking off without the Media wording before Limited (we set up the Media company for a specific large conference to protect the risk which unfortunately failed). Because we are looking to secure investment and try and run the event that failed again, I want to ensure goodwill with my creditors.


 


Would it therefore be considered legal (that is, it does not look like I am trying to influence creditors not to wind the company up) if I wrote


another letter and emailed and posted to them as follows:


 


I would like to thank you for your initial commitment of supporting the


XXXX initiative.


 


As notified independently in writing to you, XXX Media Limited ceased trading on 7th January 2014.


 


We are now in the stage of working on the progression of the XXXX initiative and securing the appropriate support to validate the viability of moving forward on a live event basis in the months ahead.


 


To maintain our goodwill, we would like to regularly stay in touch with you and ensure that, should we progress with the live initiative, we ensure that we confirm your presence on the same basis as originally booked by you, obviously on a no cost basis.


 


 

Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

The fact that you have changed the company name is XXXXX XXXXX bar to the strike off procedure - I would just be aware of this as well.

The issue with sending this email is that this company will not exist going forward. Therefore I would consider carefully whether you should send it in your own name. Also do not include anything that alludes to the fact that you might accept responsibility for the debts of the company.

Kind regards

AJ
Customer: replied 2 years ago.

What is the bar? I have been advised that I am entitled to strike off after three months from the date of change.

 

 

Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

That is correct if you have changed the company name under S.1004 of the Companies Act 2006 you will be barred from the DS01 stike procedure until the expiry of three months from the date of the name change.

Kind regards

AJ

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice