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I am a foreigner, that setup a company in UK with online…

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I am a foreigner...

I am a foreigner, that setup a company in UK with online services on 2013 with the name Bright Venture Capital Ltd, that i never have proper understanding about what to submit yearly as required by government for limited companies

Submitted: 2 years ago.Category: UK Law
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Customer reply replied 2 years ago
I am a foreigner, that setup a company in UK with online services on 2013 with the name Bright Venture Capital Ltd, that i never have proper understanding about what to submit yearly as required by government for limited companies. until recently i receive letter from companies house stated they will start criminal proceedings against me. What do i need to do ? i just ordered my consultant ( online www.companiesmadesimple.com ) to dissolve my company in UK. because we have no transaction at all ...
Answered in 2 days by:
3/13/2016
Solicitor: Alex J., Litigator replied 2 years ago
Alex J.
Alex J., Litigator
Category: UK Law
Satisfied Customers: 3,859
Experience: LLB, LPC, DELF
Verified

Hi. Thank you for your question and welcome. My name is ***** ***** I will assist you. I am a company law expert. Were you fined by Companies House for not filing annual accounts and an annual return ? Kind regards AJ

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Customer reply replied 2 years ago
Hi, i am fined by company house for not filling "annual accounts", if i am proceed with company dissolution now ... am i able to avoid the fine ? the company is not trading now ... thanks
Solicitor: Alex J., Litigator replied 2 years ago

Hi thank you. The fine is against you personally so you cannot avoid it just by dissolving the company. Have Companies House given you details on how to appeal? Kind regards AJ

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Customer reply replied 2 years ago
Right now i am live in Indonesia, i only open the company with online services, and just realize we just do annual return and forgot to do annual report ... so basically my annual return already die more than 6 month ... this is the latest companies house's email to me :Dear SirThank you for your email, the contents of which have been noted.As per the letter received and as previously advised, Companies House requires accounts for the period ending 31 July 2014 to be filed and not annual returns. This document should have been filed by 15 April 2015 and accounts must be received regardless of the trading status of the company.If your company has never traded then you may file a form AA02 and this can be done online if you are registered for electronic filing. If your company has traded then you will need to seek your own advice as to the type of accounts that should be filed.For your reference, as the deadline stated in the letter, prosecution has now commenced and a summons was issued to your service address yesterday giving you of a court hearing date of 07 April 2016. If acceptable accounts are received and registered by Companies House before 07 April 2016 then the Prosecutor may review matters against you.Finally as you also know, accounts will attract an automatic civil financial penalty when registered. This penalty is not affected by any decisions relating to criminal proceedings.Yours faithfullyMrs C McMahon
Prosecuting Solicitors Office
Companies House
Customer reply replied 2 years ago
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/422518/GP5_Late_filing_penalties_v2_9.pdf, here there is explanation said that if i strike off the company, i can avoid from the company late filling fine ..But how can i avoid the penalty as a director ?
Solicitor: Alex J., Litigator replied 2 years ago

Hi, Thank you. Can you confirm the company has never traded or owned any assets? Did you rely on an accountant at all to provide any administration services for the company?

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Customer reply replied 2 years ago
i can confirm that .... yes i rely on accountant ... actually i form this company in UK via online because i have partner in UK that plan to invest on us ... but later it cancelled ... so the company just never traded and owned any asset ...what is the best way to proof it ?
Solicitor: Alex J., Litigator replied 2 years ago

Hi did he accountant not inform you accounts needed to be filed? If you were relying on the accountant to forward this to you and advise you, your best course of action may be to pay the fine and then sue the accountant to recover the money. I look forward to hearing from you. Kind regards AJ

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Customer reply replied 2 years ago
hi, the accountant is an online service... they did not inform me or let me know that i need to filled annual accounts... actually they did fill annual returns for methe best course of action is to pay the fine of late filling... then is it possible i can avoid any criminal legal action againts me ?
Solicitor: Alex J., Litigator replied 2 years ago

Hi. Thank you. While it is a criminal offence not to file accounts you are not going to face prison. The sanction really is only a fine - especially where the failure has not caused prejudice to any third party, as the company was not trading. Was part of the online service to inform you of filing dates? Kind regards AJ

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Customer reply replied 2 years ago
hi,the company did not reply my email, actually i also send email to companies houses but never get reply ... thats why i missed my accounts submission deadline ...If i dont pay the fine, am i having any risk to travel to UK ?
Solicitor: Alex J., Litigator replied 2 years ago

Hi. Thank you. No you won't be forced to travel to the Uk worse case scenario they will try and pursue for the debt in Indonesia. You will not suddenly have an arrest warrant against your name for a Companies House fine. Kind regards AJ

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