When annual returns are not filed
Under section 318(1)(b) of the Companies Act 1993 (the Act), if the Registrar can be satisfied that the company has ceased to carry on business and that there is no other reason for the company to continue in existence then he may remove the company from the Register.
The most common scenario section 318(1)(b) is when an annual return has not been filed.
An annual return confirms the address, director, shareholder and share details for your company. It also asks for information relating to the date of the company’s last Annual General Meeting. It is a legal requirement of the Act and the director’s responsibility to ensure that it is filed in the month it is due.
If you fail to file your company’s annual return the Registrar will assume the company has ceased trading and will advertise the company for removal from the register.
