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Companies Act 2006

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This is the original version (as it was originally enacted).

1000Power to strike off company not carrying on business or in operation
This section has no associated Explanatory Notes

(1)If the registrar has reasonable cause to believe that a company is not carrying on business or in operation, the registrar may send to the company by post a letter inquiring whether the company is carrying on business or in operation.

(2)If the registrar does not within one month of sending the letter receive any answer to it, the registrar must within 14 days after the expiration of that month send to the company by post a registered letter referring to the first letter, and stating—

(a)that no answer to it has been received, and

(b)that if an answer is not received to the second letter within one month from its date, a notice will be published in the Gazette with a view to striking the company’s name off the register.

(3)If the registrar—

(a)receives an answer to the effect that the company is not carrying on business or in operation, or

(b)does not within one month after sending the second letter receive any answer,

the registrar may publish in the Gazette, and send to the company by post, a notice that at the expiration of three months from the date of the notice the name of the company mentioned in it will, unless cause is shown to the contrary, be struck off the register and the company will be dissolved.

(4)At the expiration of the time mentioned in the notice the registrar may, unless cause to the contrary is previously shown by the company, strike its name off the register.

(5)The registrar must publish notice in the Gazette of the company’s name having been struck off the register.

(6)On the publication of the notice in the Gazette the company is dissolved.

(7)However—

(a)the liability (if any) of every director, managing officer and member of the company continues and may be enforced as if the company had not been dissolved, and

(b)nothing in this section affects the power of the court to wind up a company the name of which has been struck off the register.

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