Query about small company

jadorevintage

If you want to strike the company off there are a number of conditions. You can't have been trading within the last three months, and as you have seen, where there are two directors, both must sign the DS01. In any case, if you sent the DS01 off to Companies House, you are required by law (Companies Act 2006, s1006) to then notify certain parties by sending them a copy of the application (for example, the other directors and all shareholders).

As to removing the other director, you need to check the company's articles of association. I am guessing you set the company up with model articles, with no bespoke provisions. If so, the articles usually allow for one director to act only for the purpose of appointing other directors or calling a general meeting, i.e. you couldn't remove the other director as any meeting of directors would not be quorate for transacting that item of business. In any case, model articles have specific circumstances whereby a director can be removed from office. For example, if they become bankrupt or of unsound mind, are disqualified from acting as a director or they resign from office.

If you keep the company open, you will be liable for the Companies House annual return fee. Currently £40 on paper; £13 electronically. If you fail to file accounts on time there will be penalties payable, beginning at £150 and rising on a sliding scale.

This isn't meant to constitute legal advice - definitely contact your solicitor ASAP.