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DS01 Form

DS01 Form

What is a DS01 form?

The DS01 form is a legal document used to formally dissolve a limited company in the UK and remove its name from the Companies House register. This process is also known as “striking off” a company. Once the company has been struck off, it will no longer legally exist, and its assets and liabilities will be transferred to the Crown.

It’s important to note the process of striking off a company is not appropriate for all situations, and there are specific requirements that must be met before a company can be dissolved. For example, the company must have stopped trading for at least 3 months, and it must not have any outstanding debts or legal obligations.

If you are unsure whether striking off is the right option for your company, you should seek professional advice from a qualified accountant or solicitor. Additionally, if the company has any outstanding debts or legal obligations, these must be resolved before the company can be struck off.

Filing DS01 form online

Filing a DS01 form online is fairly simple. To submit a DS01 form online to formally dissolve a limited company and remove its name from the Companies House register, you can follow these general steps:

-Go to the Companies House website and search for the online submission portal for the DS01 form.

-Fill out the required information on the form, which typically includes the name and registration number of the company, the date of the resolution to dissolve the company, and details of the company’s assets and liabilities.

-Submit any supporting documents, such as minutes of the company’s meeting that approved the dissolution, financial statements, and tax returns.

-Pay the required fee for the dissolution application, which is typically £10 when submitting online.

-Submit the form and wait for confirmation of receipt.

If you encounter any issues or have questions about how to submit the DS01 form online, you can contact the Companies House support team for assistance.

DS01 form example

Do resigned directors need to sign a ds01 form?

Yes, all directors of a limited company must sign the DS01 form to formally dissolve the company. This includes directors who have resigned from their positions before the dissolution. The signatures of all directors are required to confirm that they have given their consent to the dissolution of the company.

However, it’s worth noting that if a director has resigned from their position but is still listed as a director on the Companies House register at the time of dissolution, they may still be required to sign the DS01 form. This is because they are still legally considered a director of the company until they are officially removed from the register.

If a director is unable or unwilling to sign the DS01 form, you may need to seek legal advice to determine the appropriate steps to take. Additionally, if there are any outstanding debts or legal obligations associated with the company, it’s important to resolve these before proceeding with the dissolution.

How long do I have to return a DS01 form?

If you have decided to dissolve your limited company and wish to file a DS01 form, you should submit it to Companies House as soon as possible to avoid any late fees or penalties. However, there is no specific deadline for submitting the DS01 form.

Once Companies House receives your DS01 form, it will typically take approximately 2-3 months for the company to be struck off the register, assuming that all the requirements for dissolution have been met. During this time, Companies House will advertise the proposed striking-off in the Gazette, allowing any interested parties to object to the dissolution.

If no objections are received, the company will be struck off the register, and you will receive confirmation of the dissolution. If any objections are raised, the company may not be dissolved, and you may need to take additional steps to resolve the issue.

It’s important to note that if you have any outstanding debts or legal obligations associated with the company, you should resolve these before proceeding with the dissolution. Failure to do so could result in personal liability for the company’s debts, even after it has been dissolved.

Additionally, if you have any doubts or questions about the process, it’s a good idea to seek professional advice from a qualified accountant or solicitor.

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How long does it take for Companies House to process a DS01 form?

Once a DS01 form has been submitted to Companies House, the process of dissolving a company and removing it from the register can take several weeks or months to complete.

The length of time it takes Companies House to process the DS01 form and strike off the company from the register can vary depending on a number of factors, such as whether all the requirements for dissolution have been met, whether there are any objections raised to the dissolution, and how busy Companies House is at the time.

Generally, it takes around 2-3 months for Companies House to process a DS01 form and strike off a company from the register, assuming that all the requirements for dissolution have been met and no objections have been raised.

During this time, Companies House will advertise the proposed striking-off in the Gazette, which is a public record of official notices and announcements. This gives any interested parties an opportunity to object to the dissolution if they believe it is not in the public interest.

If no objections are received within the given timeframe, the company will be struck off the register, and you will receive confirmation of the dissolution. However, if there are any objections or outstanding issues that need to be resolved, the process may take longer.

It is possible to pay an additional fee to expedite the striking off process, which can reduce the processing time to around 5-10 working days. However, this is not always necessary or recommended, and you should seek professional advice before deciding to use this option.

How to cancel a DS01 form

Once a DS01 form has been submitted to Companies House, it cannot be cancelled or withdrawn by the company or its directors. This is because the process of dissolution is considered irreversible once the form has been accepted and the company has been struck off the register.

However, if you have submitted a DS01 form but have changed your mind about dissolving your company, there are a few options available to you.

  • If the DS01 form has not yet been processed by Companies House, you may be able to contact them and request that the form be withdrawn. However, this is not always possible, and Companies House may still proceed with the dissolution even if you request to withdraw the form.
  • If the DS01 form has already been processed and the company has been struck off the register, you may be able to apply for a company restoration. This involves applying to the court to have the company restored to the register, which can be a complex and costly process. However, this option may be necessary if you wish to continue trading under the same company name.
  • Alternatively, suppose you have changed your mind about dissolving your company but do not wish to go through the process of restoration. In that case, you may be able to form a new company with a similar name and continue trading under the new entity.

Remember,  dissolving a company is a serious decision that should not be taken lightly. Before submitting a DS01 form, you should seek professional advice from a qualified accountant or solicitor to ensure that you have considered all the implications of dissolution and have taken steps to resolve any outstanding debts or legal obligations associated with the company.

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Where to send a DS01 form to HMRC

The DS01 form is used to notify Companies House of your company’s intention to be dissolved, and it should be sent directly to Companies House, rather than HMRC.

You can send the completed DS01 form to Companies House by post or by using the Companies House WebFiling service. If you choose to file the form by post, you should send it to the following address:

Companies House

Crown Way

Cardiff

CF14 3UZ

If you choose to file the form online using the Companies House WebFiling service, you will need to register for an account on the Companies House website and follow the instructions provided.

It’s important to ensure that you have completed the DS01 form accurately and provided all the necessary information, as incomplete or incorrect forms may be rejected or delayed by Companies House.

Additionally, you should ensure that you have met all the legal requirements for dissolution, such as settling any outstanding debts or legal obligations associated with the company, before submitting the DS01 form.

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    Andy Slinger

    Andy is Head of Marketing for Business Helpline with a wealth of experience Marketing in the financial sector. He has a passion for helping business owners struggling with debts.