The voluntary strike off of a limited company procedure starts as a form that needs to be completed by the directors, but to ensure that it comes to the attention of relevant persons, it must be served on them within 7 days of being issued to Companies House.
If you wish to apply to strike off a limited company, then this can be done using the DS01 form to strike off a company by the company’s directors.
Copy Of The Voluntary Strike Off Application To Relevant Persons
Under Section 1006 of the Companies Act 2006 when providing the DS01 to Companies House within 7 days the following person must be provided with a copy of it:
- a member (shareholder) of the company,
- Any directors of the company not a party to the application,
- an employee of the company,
- a creditor of the company,
- a director of the company,
- a manager or trustee of any pension fund established for the benefit of employees of the company, or
- a person of a description specified for the purposes of this paragraph by regulations made by the Secretary of State.
This position applies after the point in time when the application is made; if at any time afterwards further persons detailed above become relevant, then they must also receive a copy of the application.
The provision of a copy of the application can be done by delivering it to them, by being left at their proper address or sent by post.
It is a criminal offence to fail to comply with these requirements.
Companies House Restriction
Companies House may not strike off a company until after 2 months from when a notice is published in the Gazette confirming that it may strike off a company and that it invites any relevant person to show reason why this should not happen.