Ltd company/Directors/Secretary debt

Can any company, debt company come back to a director or company secretary for debts of a none existant company.

A company that no longer exists, has not traded for over 13 months and companies house has it listed as Proposal to Strike off, but this has been sitting there like that for well over 8 months.


Can a director (sole director) and secretary (sole secretary) resign from the company? therefore limiting there responsibilities to this none trading company and does the director still have to put in tax returns for this company and himself, although the director and secretary and now working, employed themselves.

Asking for myself.



  • Murtle
    Murtle Posts: 4,154 Forumite
    First Post First Anniversary Combo Breaker
    I'm sorry I have no idea, but as a limited company there will only be limited liability - I don't know how much in your case...????!

    however, you may want to ask the question in the small buz/charity forum as they have a wealth of knowledge
  • Alias_2
    Alias_2 Posts: 15 Forumite
    This may help...

    You should apply to be struck off now.
  • WHA
    WHA Posts: 1,359 Forumite
    The officers of the company "should be" protected as long as they acted in the company's interests, and did not act dishonestly, fraudulently or negligently.

    Creditors of the company can take action against them, even if they are no longer officials or the company no longer exists, if they havn't acted properly.

    Also, they may be personally liable if they have given personal guarantees (i.e. to major suppliers or banks) for the company's indebtedness, or if they did not make it clear that they were acting on the company's behalf (i.e. buying goods in their own name for the company, or not putting the company details on their letterheads etc).

    It is quite common for banks, major suppliers, finance companies and the taxation authorities to go after the previous directors if it appears that the director(s) have acted improperly.
  • Realist
    Realist Posts: 256 Forumite
    First Post First Anniversary Combo Breaker
    So what about a company that started trading, company did not take off and 6 months later with debts closed its doors.

    All taxes was paid, all VAT paid its only suppliers, phones and business council tax etc thats left unpaid due to not making a penny and even the director not getting a single penny or wage from it.
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