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| pix1 |
Posted - 26 March 2008 : 10:46:32
Hope everyone had a good Easter break.
When I went BR in February I declared a company directorship in a company where I was the only director alongside a company secretary. In my telephone interview with the examiner I was asked about this and he agreed that I was not actually self employed and so the fact I did not enter anything on the Self employed section of the petition was correct. The examiner asked for the name and address of the company secretary and said they may or may not contact him at a later date. He asked me what my earnings had been through the company and I gave an approximate figure as they fluctuated from time to time. This was a small business running for 4 years and biggest ever turnover £12000 approx. per accounting period. As sole director i filled out the Form 652a to Companies House to strike off the company in early February before my BR order date. As far as I know there are no outstanding issues with the Inland Revenue and they have also been informed the company is in the process of being struck off. Within 3 months they could object to strike off if they want anyway.
Question is: Is the OR likely to investigate the company as a matter of course and can the IR actually be instructed by the OR to investigate the company if a director becomes BR?
If there are any issues how can I do anything about them when I am not allowed to act as a company director?
I thought that, as long as the company is not in receivership - which it is not, it is totally separate to my personal bankruptcy after resigning as a director. |
| 3 L A T E S T R E P L I E S (Newest First) |
| JulianDonnelly |
Posted - 26 March 2008 : 15:04:54
Hi Pix,
As I said have a look at the link this will explain all regarding company dissolution.
As far as any Inland Revenue debt if this was from the LTD company it will have no relation to your personal bankruptcy unless they prove wrongful trading or fraud than you as Director could become personally liable for the debts of the business.
All the best,
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk |
| pix1 |
Posted - 26 March 2008 : 14:57:52
Thanks Julian,
The company was very small with absolutely no creditors, unless the Inland Revenue counts as a creditor. nothing was owed to the Rev at the dtae of BR order, at least, northing brought to the company's attention. Just wondered, though, if the Rev did later state that something was owed but from prior to the bankruptcy orser date could that be added in as a bankruptcy debt?
I suppose you are also saying that the Rev could ask for the company name to be restored to the register for 20 years?
I thought that anyone who thought they might object only had 3 months to do it from date of 652a being submitted. |
| JulianDonnelly |
Posted - 26 March 2008 : 13:11:07
Hi Pix1,
It is a separate issue in that the company is a separate entity to you.
As far as the company dissolution so long as the company has not traded within the three month period companies house can strike this off, however at any time over the 20 years following the dissolution a creditor can object to the dissolution of the company and apply to have the name restored to the register.
It would then depend on what action the creditor decides to take, they could petition for the company to be wound up therefore putting the company into compulsory liquidation.
If this is the case then you would be interviewed by the OR on the dealings of the company, they will look at any assets of the company, similar to that of your bankruptcy interview.
Have a look at the link below which will give you more detail.
http://www.companieshouse.gov.uk/about/gbhtml/gbw2.shtml#c1q4
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk |
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