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Involuntary strike off notice

  • 16-03-2007 7:27pm
    #1
    Registered Users, Registered Users 2 Posts: 640 ✭✭✭


    A few years back I started an LLC in Ireland to do a contract there. When my contract was done I decided to return to the states. I had one years returns that were correctly filed. I have an accountant and I asked him to shutdown the business for me. He assured me it would be handled. Time went by and I started to receive correspondence from the CRO about no returns for the following year. I contacted my accountant and again was told it would be handled. This culminated last November in me faxing him all my CRO letters and telling him to handle it, I was assured it would be.

    I now get a notice telling me my company will be involuntarily struck off. I read about the repercussions of this. One being is the Director of Corporate Enforcement has the right to pursue me for prosecution possibly leading me to be banned from ever being a director again. I called the CRO directly about this because my accountant is worse than useless. The only way to stop this is to file my two missing years of nil tax returns. The other option is to let it happen. The CRO guy seemed to think the chances I would be prosecuted are very small because I don't have any creditors looking for money and I was a tiny entity. I really don't want to have to invest any more money into dealing with this.

    So the question is, do you more knowledgeable people believe they will just strike me off and leave me alone?


Comments

  • Closed Accounts Posts: 392 ✭✭boomer_ie


    Kernel32 wrote:
    A few years back I started an LLC in Ireland to do a contract there. When my contract was done I decided to return to the states. I had one years returns that were correctly filed. I have an accountant and I asked him to shutdown the business for me. He assured me it would be handled. Time went by and I started to receive correspondence from the CRO about no returns for the following year. I contacted my accountant and again was told it would be handled. This culminated last November in me faxing him all my CRO letters and telling him to handle it, I was assured it would be.

    I now get a notice telling me my company will be involuntarily struck off. I read about the repercussions of this. One being is the Director of Corporate Enforcement has the right to pursue me for prosecution possibly leading me to be banned from ever being a director again. I called the CRO directly about this because my accountant is worse than useless. The only way to stop this is to file my two missing years of nil tax returns. The other option is to let it happen. The CRO guy seemed to think the chances I would be prosecuted are very small because I don't have any creditors looking for money and I was a tiny entity. I really don't want to have to invest any more money into dealing with this.

    So the question is, do you more knowledgeable people believe they will just strike me off and leave me alone?

    Simplest thing is to file two years of Nil Returns, costs whatever it is for the annual returns, however there may be late payment penalties, send the bill to your acountant


  • Closed Accounts Posts: 26 spaceballs


    I'm surprised they're not looking to charge the filing fees and penalties for your annual returns for the last couple of years, do you know if your accountant filed these?

    I thought the CRO were cutting back on the involutary strike offs too and actually chasing people to bring companies up to date before they could perform a voluntary strike off with the add in the paper etc. Anyone know if this is the case?


  • Registered Users, Registered Users 2 Posts: 2,399 ✭✭✭kluivert


    The CRO will strike you off alright.

    If youwish to continue trading then you need to get re-stated, alot of hassle. Find out if you can wind up the company using a company secretarial company instead of your accountant.


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