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Mandatory striking off meaning

What does Mandatory striking off mean?
Mandatory striking off (often called compulsory strike off) is the process by which the Registrar of Companies removes a company from the register and it is then dissolved, without any application by the company. In the UK, the power is set out in Companies Act 2006, Part 31 (including sections 1000–1001). It is used where the Registrar (Companies House) has reasonable cause to believe a company is not carrying on business or in operation, typically indicated by persistent failure to file accounts or a confirmation statement, or unanswered correspondence sent to the registered office. The procedure generally involves warning letters and a Gazette notice. If no objection is made and compliance is not achieved within the stated timeframe, a final notice is published and the company is struck off and dissolved. Dissolution ends the company’s legal personality; assets pass as bona vacantia. Creditors, members and other interested parties may object to strike-off and, after dissolution, seek administrative restoration or restoration by court order. The position is consistent across England & Wales, Scotland and Northern Ireland. In Ireland, a similar summary strike off by the Companies Registration Office under the Companies Act 2014 applies, with notice, official publication, and restoration mechanisms.
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NEWS
UK employment law highlights: union third-party rights, holiday pay, discrimination and whistleblowing, failure to prevent fraud, NICs Bill, tribunal updates, consultations and key dates—21 November 2024

In this issue: Individual rights arising from union membership Pay Tax Prohibited conduct (discrimination etc) Diversity and gender pay gap Whistleblowing Bribery, modern slavery, tax evasion and fraud Employment Tribunals Wales IRLR Highlights—December 2024 Dates for your diary Trackers New Q&As Employment resources on Lexis+® Daily and weekly news alerts Individual rights arising from union membership Supreme Court unanimously confirms that a trade union can rely on third party rights under C(RTP)A 1999 to secure a check-off term in an employment contract. In Secretary of State for the Department for Environment, Food and Rural Affairs v Public and Commercial Services Union [2024] UKSC 41, the Supreme Court—Lord Sales and Lady Rose delivering the principal judgment—allowed the Public and Commercial Services Union’s appeal. The Court held that the Union was entitled to invoke section 1 of the Contracts (Rights of Third Parties) Act 1999 (C(RTP)A 1999) to enforce a provision...

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View the related Practice Notes about Mandatory striking off

PRACTICE NOTES
Company restoration by court order under the Companies Act 2006 (s1029): powers, who can apply, time limits and procedural steps

This concise overview outlines the steps and process for reinstating a company to the register by way of the court route under section 1029 of the Companies Act 2006 (CA 2006). The court route is mandatory where a company has been removed following its own voluntary application for striking off under CA 2006, s 1003, and in the other situations identified in CA 2006, s 1029. This procedure may equally be pursued when the Registrar of Companies has caused the striking off pursuant to CA 2006, ss 1000 or 1001, although this is less usual because the business may instead qualify for the quicker, more straightforward administrative restoration; see Practice Note: How to restore a company to the register—administrative restoration. For a full analysis of the applicable legislation, case law and steps involved in restoration by court order, see Practice Note: Company restoration—restoration by court order. For an example‑led, step‑by‑step depiction of how the court restoration works in practice, consult Flowchart: Company restoration—restoration by court order—flowchart. The court’s...

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