Why objecting to a company strike off notice can protect creditors in the pursuit of recovering debts
If you are a creditor and a company in England or Wales which owes you funds is proposed to be struck off the Companies House register, it is important to act quickly to protect your ability to recover the debt. This can be achieved by submitting an objection to the strike-off proposal in respect of a company incorporated in England and Wales.
What is a strike off notice?
A strike off notice is issued by Companies House either following an application from the directors of a company or upon a decision by the Companies Registrar. The notice typically appears in the London Gazette which is the official public record where Companies House publishes legal notices about companies in the UK, such as strike offs, insolvencies, and restorations. This allows creditors and other interested parties to formally object to the strike off.
How to object to a strike-off notice
There are three main channels you can use to object to a company's strike-off:
- Online (recommended for speed and efficiency)
- By post
- By email
Any objection must be received by Companies House within two months of the notice being published in The Gazette. Therefore, if you choose to object by post or email, you must ensure your objection is received at least two weeks before the deadline.
Steps to submit an objection to a strike off notice
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Obtain the Company Number
You will need the company’s registration number, which can be found on the Companies House website.
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Gather supporting documents
Provide the following to support your objection:
- Evidence of the debt, such as an executed loan or security documents or an alternative agreement and document under which the debt was incurred. Any correspondence relating to the outstanding debt (invoices, letters and emails dated within the last six months).
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Submit your objection online
To submit your objection online, use the official link: Object to a limited company being struck off: Make an objection - GOV.UK
You will need to provide:
- Your name, contact details and creditor status.
- The company name and registration number of the entity featured in the strike off notice.
The reason for your objection, i.e., that the company has an outstanding debt to you, supported by evidence. You will need to upload your supporting documents (as noted above).
Next steps once strike off objection submitted
If Companies House accepts your objection, the strike-off process will be suspended for six months. If you need more time, you must demonstrate ongoing efforts to resolve the matter, such as initiating legal proceedings or taking steps to enforce the debt.
The value in strike off objections for creditors
Protecting your rights as a creditor requires timely action. If a corporate borrower/debtor has breached its obligations, objecting to the strike-off ensures the company remains on the register while you pursue recovery.
Furthermore, to enable you to keep informed on the corporate debtor’s status, you can use the “follow a company” feature on the Companies House website which ensures you receive an email notification of any filings made in relation to that entity.
Our Real Estate Finance team acts for both borrowers and lenders and aims to ensure all transactions are swift, expertly facilitated and remain on track to a satisfactory conclusion. If you have any questions about objecting to a strike off notice, or need advice in relation to a finance document, please get in touch to find out how we can help.