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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a client who is a director of a company but owes

Resolved Question:

Hi
I have a client who is a director of a company but owes substantial money to their suppliers and they now wish to strike off the company at Companies House.
Is it possible to strike off the company if they currently have creditors and what is the legal situation to strike off the company in this respect?
She is also considering making herself bankrupt. How would that affect the limited company as she is the sole director of it and would it make any difference if her husband went bankrupt as there isn't anything in his name?
I would appreciate your advice.
Thanks
Paul
Submitted: 9 months ago.
Category: Law
Expert:  Ash replied 9 months ago.

Hello Paul my name is ***** ***** I will help you.

How much is owing please? Alex

Customer: replied 9 months ago.
There is approximately £20,000 which the company cannot afford to pay their suppllers.
Expert:  Ash replied 9 months ago.

Then no - if you know they are doing this the law says they must notify creditors.

In any event you can write to Companies House and object, then the dissolution will be stopped.

Can I clarify anything for you about this today please?
Alex

Customer: replied 9 months ago.
If she as the sole director or her husband made themselves bankrupt, how does that affect the business though?
Expert:  Ash replied 9 months ago.

It doesn't - they may be disqualified from being Directors.

But the company still owes the money

Does that clarify? Alex

Customer: replied 9 months ago.
One final thing - is the company's sole director obliged to inform all the creditors in writing that they propose to dissolve the company?
Expert:  Ash replied 9 months ago.

Yes. That is what the Companies Act requires.

Does that clarify? Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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