Striking Off16 Dec 2024 23:58
The relevant law is the Companies Acr 2006 and subsequent amendments. The relevant enforcement agency is The Registrar Of Companies at Companies House.
The company, and directors, have committed a criminal act in failing to submit audited accounts. Section 451 of the Act explains the liability of the directors.
Companies House has a well established procedure for dealing with companies that fail to file. Enforcement via investigation and striking off would typically start 6 months after the final day that the accounts can be filed. This is one year after the end date of the period that the accounts are due for. So end of March 2025.
Companies House starts with contacting the company via its registered address. A warning of being struck off is posted in the London Gazette. This is called the First Gazette, or First Gazette Notice. The company must respond to this. If it doesn’t, a Second Gazette Notice is issued. If this isn’t adequately acknowledged, the Registrar of Companies is empowered to strike off the company, and its assets are transferred to the Crown.
Striking off is rare. Providing the company can show it is engaged with the accounting and auditing processes, the actions tend to stop or be put on hold.
The fines from Companies House will still need to be paid by the company. Fingers crossed the directors don’t face separate action care of Cardiff Mags.