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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hello. I have a question about dissolving a company. Companies

Resolved Question:

Hello. I have a question about dissolving a company. Companies House suggested I get some legal advice. I registered a limited company in 2007 which never traded. To be honest, I was inexperienced about the paperwork requirements etc and so got behind with the accounts filing but in 2010 a firm of accountants offered me some help for free and by accident and unbeknown to be registered the company to an address that was nothing to do with me (it was just a paperwork mix up). In 2011 Companies House sent me a letter saying that as the company appeared to be dormant they would strike it off if they didn't hear back from me. I thought 'great' and naively assumed that I needed to do nothing more. Since 2011 I have been working part time, self employed and also raising my young son (I am know seven months pregnant again). In 2013 I was contacted by the new tenant from the address my company had been mis-registered to, he had tracked me down online and informed me that HMRC had been sending demands for outstanding paperwork and liabilities for these - I had obviously assumed the company did not exist past 2011. I got in touch with both Companies House and HMRC and explained what had happened - they both then told me I had incurred huge fees for late filing. I was also contacted by HMRC's debt collection agency and I have propoposed a repayment plan which I am waiting for them to approve. Recently Companies House again got in touch to say that they would take action against me unless accounts were brought up to date - I then spoke to them and explained that the company had not traded and they suggested I complete a DS01 form to request strike off, which I duly did. What I am seeking advice on here is what happens now -on the DS01 form it says that property and accounts are passed to the Crown. I am presuming this means property in the company name (none) and bank account in the company name (closed years ago) rather than my own home and possessions? I have given both HMRC and Companies House my home address as the company registered address so that I receive their correspondence (and as there is no actual trading company). Please could you help me? Thank you!
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Does the Company have any assets at all please?
Customer:

no, none, it never traded. And the area the business was in was music management so there was no physical stock, office equipment etc

Alex Watts : Yes everything the company owns once dissolved would pass to the Crown.
Alex Watts : The company would be closed.
Alex Watts : But it need to be dissolved first.
Alex Watts : When the notice is out hmrc may object,
Alex Watts : If they do dissolution is suspended.
Alex Watts : If the company is dissolved then you are not late for any tax.
Alex Watts : If the company is not dissolved you are still liable to file returns and pay any tax due.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

So are my home and possessions affected? As I said, I didn't buy anything in the company name but both companies house and hmrc have my home address for correspondence.

Customer:

Hi Alex, can you clarify for me please 'everything the company owns'? Does this include my home and possessions? I didn't buy anything in the company name but hmrc and companies house have my home address to correspond to. Thank you

Alex Watts : If the company does not own anything then no.
Alex Watts : Only company assets affected.
Alex Watts : I assume the house and possessions are in your name so they are not touched.
Alex Watts : You can relax about that.
Customer:

Thank you

Alex Watts : Does that help?
Alex Watts : If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
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