A company can apply to be struck off the register if in the previous three months, it has not:
- traded or otherwise carried on business
- changed its name
- for value, disposed of property or rights that, immediately before it ceased to be in business or trade, it held for disposal or gain in the normal course of its business or trade (for example, a company in business to sell apples could not continue selling apples during that three-month period but it could sell the truck it once used to deliver the apples or the warehouse where they were stored) or
- engaged in any other activity except one necessary or expedient for making a striking-off application, settling the company’s affairs or meeting a statutory requirement. However, a company can apply for striking off if it has settled trading or business debts in the previous three months.
A company may be struck off the register and dissolved if:
- it has applied to the Registrar to be struck off or
- the Registrar concludes that it is not carrying on business or in operation.
So what do you do if a company owes you a debt and has applied to be struck off?
You should write immediately (and certainly within three months of the publication of the proposed striking off) to the Registrar and explain that a debt is owed to you and that you object to the company being struck off. The Registrar will then makes his decision and will usually deny the striking off so that the debt claim can be concluded.