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2003-11-11T09:47:00.000-08:00

LIQUIDATION AND INSOLVENCY GBW1 GBW1(S)
How do I find out about placing my company in liquidation (or any other insolvency proceeding)?

Companies House guidance note GBW1 covers liquidation, receivership, administration and corporate voluntary arrangement, as well as giving general information on insolvency. We recommend taking professional advice, eg. from a solicitor or insolvency practitioner, before going ahead with any of these proceedings.

[Please note that matters relating to striking a company from the Register are dealt with separately in GBW2.]

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Where do I get the relevant forms for filing with the Registrar?

Notification of the appointment or cessation of a receiver, Forms 405(1) and 405(2) respectively, and notice of the appointment of a liquidator in a voluntary liquidation, Form 600, are available free of charge from Companies House. Some Insolvency forms are available on the Insolvency Service Website. All other insolvency forms can be purchased from a law stationer.

Do the people in charge of these proceedings hold any kind of qualification?

Since the implementation of the Insolvency Act on 29 December 1986, anyone undertaking the duties of liquidator, administrative receiver, administrator or supervisor of a corporate voluntary arrangement must be a qualified insolvency practitioner. Those holding the position of receiver manager or Law of Property Act receiver do not need this qualification, nor does anyone who was already in office before the Act was implemented.

How do I complain about the conduct of one of these qualified practitioners?

Complaints should be addressed in writing, accompanied by any supporting evidence, to:

Insolvency Practitioner Policy Section
Area 1.10
PO Box 203
21 Bloomsbury Street
London WC1B 3QW

They will pass it to the appropriate authorising body for action. Alternatively, you can contact the relevant authorising body direct.

I understand that a company is dissolved three months after a liquidation is concluded. I need the company to remain on the live Register for a time. If I write to you, will you defer the date at which the dissolution will take place?

The Register cannot defer the dissolution which follows a liquidation administratively. If the liquidation was a voluntary one, an application can be made to the court to defer dissolution. If it was a compulsory liquidation, an application would need to be made to the Secretary of State, at the following address:

The Insolvency Service
5th Floor
Ladywood House
45-46 Stephenson House
Birmingham
B2 4UZ

[Note: The deferment instruction in either case must be filed with the Registar afterthe registration of the concluding documentation in the liquidation and beforethe date of dissolution. Once dissolution takes place, the only course of action then available is to apply to the court to have the dissolution declared void.]

What is the difference between a voluntary and a compulsory liquidation?

A voluntary liquidation, which can be either a members’ voluntary liquidation or a creditors’ voluntary liquidation, is brought about by resolution of the company and is conducted by a qualified practitioner. A compulsory liquidation is brought about by an order of the Court and can be conducted by the Official Receiver or a qualified practitioner.

A company owes me money. They have told me they have ceased trading but are not going into liquidation. Can I have them wound up?

It is possible for a creditor to petition the court to have a company placed into compulsory liquidation. Refer to the guidance notes and seek professional advice.

Whatever the proceeding, the company is insolvent and will eventually go off the Register, won’t it?

In a members’ voluntary liquidation, the directors swear a statement, known as a declaration of solvency, to say the company will be able to pay all its debts within a period not exceeding twelve months. The company would not be 'insolvent';. Only liquidations result in the company being automatically dissolved. It is possible, following the conclusion of a receivership, administration or corporate voluntary arrangement, for a company to remain on the live register and continue trading.

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2003-11-11T09:40:00.000-08:00

DOCUMENT EXAMINATION BRANCH - General Document Questions
Who is entitled to sign my forms?

In most cases any serving officer may sign documents submitted to the Registrar.

Form 288a needs a signature of the person consenting to act as director/secretary. A counter-signature is also required from a serving officer. The newly appointed officer can countersign the form if this is done on or after the date of appointment. This counter-signature need not be from a second serving officer.

Form 288b can be signed by any officer serving on the date the form is signed. This means that the officer resigning can sign the form himself/herself as long as the date on which the form was signed is no later than the date of resignation.

Forms 363a, 363s, 353, 353A, 190, 190a, 288c, 122, 123, 88(2)(revised).etc...may be signed by any serving officer (company secretary or a director). Some other forms may require additional signatures (by court officials, liquidators or administrators, etc). However, the forms usually indicate when this is required.

The former officers of a company SHOULD NOT sign any documents. If it comes to light that documents which needed to be delivered to the Registrar have not been filed, have gone astray or were incorrectly completed (which may require the filing of an amending document), then only currently serving officers may sign the forms.

Section 283(3) of the Companies Act also allows for an assistant company secretary to sign any document that the company secretary may sign. The appointment of an assistant company secretary need not be notified to the Registrar. The forms 288a are only to appoint a company secretary and/or director and forms 288a must not be altered to show the appointment of the assistant company secretary.

The balance sheet must be signed by a director of the company, the directors report by either a director or the company secretary, and the auditors report by the auditor.

We are a small company/dormant company (GBA3) / flat management (GBA9) / golf club etc. Why do I need to file documents?

The Companies Act does not distinguish between the sizes or types of private limited companies. All directors benefit from limited liability if the company folds. If a person wishes to register a company with limited liability to gain protection under the Companies Act, he must also comply with all the filing requirements of the Act.

These filing requirements enable anybody interested in the company to find out any relevant statutory information before becoming involved with a company. They will be able to find out how a company and/or its directors have performed in the past. This gives investors and customers a certain amount of protection before money changes hands.

How do I complete the document/accounts?

Staff at Companies House can only give general information on the preparation of accounts. If you are having difficulty in preparing your accounts, you will need to seek independent professional accountancy advice.

If you are having difficulty with other documents and want information that will help you complete your forms, then Companies House staff may be able to help with general enquiries. If this requires information from documents previously filed, you will need to carry out a public search on the company.

There is a charge for certain information.

What is our current accounting reference date? How was it arrived at and how do I alter it? GBA3

The accounting reference date of a new company is set to the anniversary of the last day in the month that the company was incorporated. This date can be changed by delivering a form 225 before the last date for filing of the accounts.

You have rejected my accounts dated xx/xx/xx and stated that yy/yy/yy is the date required. What do I need to do to change this? GBA3

The Registrar sends a number of reminder letters to companies specifying the date required. These letters go out in ample time to help company officers understand what is needed. If accounts have been prepared to an incorrect date, the company may still be in time to complete a form 225 to alter the current required date to the date of the accounts. If the delivery date of the accounts has already passed, the company will need to prepare another set to the required date.

Why haven't I received an acknowledgement for my forms?

The amount of mail we receive makes it impractical to send letters to all presenters. If you attach a stamped addressed envelope and a copy of the covering letter, our Post Room will stamp and return the letter as acknowledgement of receipt of the document (but not whether it is acceptable).

2003-11-10T18:39:00.000-08:00

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File Format: PDF/Adobe Acrobat
form ref WN/CNO2 Full name of Limited Company Address for bill Registered Office
Registration Number Telephone Number Directors Names Home Address of Leading
nelincs.gov-UK/NR/rdonlyres/714473CB-E515-48DB-8B63-8FF7CE4B246A/ 0/ctndr02

ITIP EMPLOYERS REGISTRATION FORM A LIMITED COMPANY
ITIP EMPLOYERS REGISTRATION FORM A LIMITED COMPANY Full Name of Company Registered
Office Address Telephone Number Type of Business Trading Address FOR
im/treasury/income_tax/pdfs/t30a

Online company registration - Limited Company Formations also
Form 287. This form must be filled with information relevant to the
company and registered or official business address. The address
uk-company-registration-UK/online_help - 1

new producers alliance - a limited company
of Association, Articles of Association, Form 10 and Form 12. in the future), (4)
that the liability of members is limited and (5) the company's nominal share
npa-UK/npamain/mainresources/ npa_faq_limitedcompany - 1

UK Limited Companies, Bank Accounts, Domains
Form A UK Limited Company, Domain Name Online.
comp-form-UK/Limited_Company_Formation -

Small Limited Company Formation
has set its foot firmly in the UK small limited company formation market by offering
a free service for those wanting to form their own small limited company.
no-worries-UK/ -

Small Limited Company Formation
to forming your own small limited company. select a company name. create your memorandum
of association. create your articles of association. create the Form 10.
no-worries-UK/site-map - 1
no-worries-UK

Setting up a Limited Company
limited by shares, or a private company limited by guarantee; capital requirements;
Whether the proposed company name is secretary, and registered office (Form 10
thetaxbureau-UK/content/ forums_bus_startup/setup -

Business Adviser - Limited Companies
Should You Form a Limited Company. Limited company. We are often asked, 'Should
I form a Limited Company?' The reality is that there is no easy answer.
thetaxbureau-UK/content/ forums_bus_startup/limco -

A Guide to Forming A Limited Company
by shares or a private company limited by guarantee Whether the proposed company name
is available and first directors, secretary and registered office (form 10
teesvalleybusiness-UK/Business_Info/ forming_a_limited_company - 5

A Guide to - Should You Form a Limited Company?
Photo Video Works For Media Training Presentations and Video's - Photo Works
can't be beaten. A Guide to - Should You Form a Limited Company?
teesvalleybusiness-UK/Business_Info/ sh ould_you_form_a_limited_company -

Factoring for Limited Company - FREE Factoring for Limited
Complete and submit the quick Factoring for Limited Company form and ONE of AskNelson's
specialist Factoring for Limited Company advertisers will contact you
asknelson-UK/factoring_limited_company -

FRESHeFUTURE A Guide to setting up a Limited Company in the UK
1- Limited by shares. 2- Its Memorandum of Association states that it is a public
company. 3- A minimum of two members are required to form the company, ie two
freshefuture-UK/BizTypeLtd - 1

private limited companies
Private Limited Company Formation Private limited companies are the most to do is
check that your company name hasn and complete the details on the order form.
companyformationagent/limited%companies -

UK limited company - Order ONLINE from Interactive Formations.
Please complete this form in full to order your UK limited company from
Interactive Formations. NB. ORDER FORM. Proposed company name: Limited.
secure.wsa/dsinteractive/ formations/orderfm -

NanniPay Limited
Upon receipt of the online registration form we will send you Companies House forms
for the appointment of directors, an application form for an Company Name.
accountancygroup/nannionline_enquiry - 5

NanniPay Limited
As soon as we receive the Limited Company Registration form and confirmation of the
Company name we can check with Companies House to make sure another company
accountancygroup/nanniltd -
accountancygroup

Business Adviser - Limited Companies
Should You Form a Limited Company. Limited company. We are often asked, 'Should
I form a Limited Company?' The reality is that there is no easy answer.
practiceweb-UK/content/ forums_bus_startup/limco -

Bryson Limited - Company Information
This page gives background information on Bryson Limited and shows the various
ways you can get in touch. You can also use the Feedback Form if you have
bryson.ltd-UK/contact t UK Limited Company Formations registration agents
FORM A UK LIMITED COMPANY IN A NAME OF YOUR CHOICE. You choose a name for
your own limited company. Free Companies Housename checking service.
uk companyformation Standard UK.Limited Company online order form
Midlands Company Services Limited. Standard UK.Limited Company online
order form.

2003-11-10T17:35:00.000-08:00