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How the Registrar shuts you down

Every year the Registrar of Companies moves to strike off the register companies that it believes are not carrying on business or in operation.

It is understood that companies may be included on the list if there has been a lapse in company fees being paid to the Registrar. Yesterday Registrar General Stephen Lowe told the striking-off process is outlined in section 261 of The Companies Act 1981.

But being struck off does not preclude Government from collecting any monies it is owed to Government, he said.

?Pursuant to Section 261(5)(a) the liabilities of every officer, manager and shareholder of a company struck from the Register of Companies by virtue of section 261 shall continue and may be enforced as if the company had not been dissolved.?

Companies are not however struck off the register until every reasonable attempt has been made to clarify with management whether the operation is a going concern.

To that end, the Registrar of Companies reportedly sends out a total of three letters sent to companies which have outstanding fees due. These letters are sent over a three-month period (one letter per month) to the company?s registered office.

Mr. Lowe added: ?Approximately one month after the third letter is sent (a registered letter), and there is no response received by the department, the first list of companies is published in the Official Gazette.?

This year?s list appeared on August 6. Mr. Lowe pointed out that before the first list is published a draft copy is sent to the Auditor General, The Tax Commissioner, Social Insurance and the BMA. ?Should any of these departments object to any of the names on the list the names are removed. The most common reason for requests to remove companies from the list is outstanding debt.?

The companies are not struck off until three months after the publication of this first list a second and final list is published on the date the companies are deemed to be dissolved.

This final list is also sent to all the registered offices of the companies on the list, Mr. Lowe said.