Voluntary Strike Off – Overview
Voluntary strike off is a procedure whereby a company’s name is removed from the register. A company can apply to the Registrar for a voluntary strike off if it has stopped trading or has never traded before. Circumstances such as the retirement of directors and cessation or restructuring of business activities could also result in proceeding for the voluntary strike off of the company.
Conditions to Comply When Applying for Voluntary Strike OffA company cannot proceed with voluntary strike off unless the following criteria are met:
- There is sufficient evidence available for the Registrar to believe that the company has never carried out business activity or has stopped to do so;
- The directors should certify that the company does not have any liabilities and assets exceeding €150;
- The company should not have any pending litigations against it.
Which Documents are Required to be Submitted as Part of the Application?Where a company decides to go for voluntary strike off, it can do so by filing the online Request for Voluntary Strike-Off on Form H15. It is mandatory to execute and file the following documents in the relevant sections of the Form H15:
- A special resolution stating the decision to apply to the Registrar for voluntary strike off. Such resolution should be passed not more than 3 months before the filing of Form H15 and should also state that the company will not undertake any business until the application of strike off is pending for approval;
- All the necessary annual returns that are due to be submitted on the date of application for strike off;
- A written confirmation in the form of a letter of no objection from the Revenue Commissioners which should be dated not more than 3 months from the date of application;
- An advertisement published in the prescribed format, in atleast one daily newspaper about the company’s intention to request a voluntary strike off. Such advertisement should be published not more than 30 days before the date of application for strike off.
Effective 1st March 2022, the Form H15 is required to be filed online only and subsequent to this date, any forms received by post will not be processed and will be returned back.