Company Strike Off Objection: Guide for Directors & Creditors
A company strike off objection can be made by HMRC, a creditor, a lender, an employee, a shareholder or another interested party. Understanding why the objection has been made is the first step towards deciding what to do next.
Received a Company Strike Off Objection (DISS40 notice) ? Discover why Companies House suspends dissolution, who can object, and your next best steps.
Company Strike Off Objection: What to Do Next
If your application to strike off your company has been suspended due to an objection, you are likely wondering what happens next.
Receiving an objection does not automatically mean your company will be forced into liquidation. However, it is crucial to understand why the objection was made and evaluate your remaining options before taking further action.
Banks, HMRC, and other lenders frequently object when money remains outstanding—particularly if the company has an unpaid Bounce Back Loan or other borrowing. An objection prevents the company from being dissolved while these matters remain unresolved.
What Is a Company Strike Off Objection?
A strike off objection is a formal request asking Companies House not to dissolve a company. This usually occurs because an interested party believes there are outstanding issues that must be resolved before the company is removed from the Companies Register.
Common reasons for objections include:
- Unpaid taxes
- Outstanding bank loans or Bounce Back Loans
- Supplier and trade debts
- Employee claims
- Ongoing legal disputes or legal interests
When Companies House accepts a valid objection, the proposed strike off is suspended while the issues are reviewed.
How the Strike Off Process Works
Understanding the strike off process can help you decide your next steps if your application has been suspended.
Step 1: DS01 Application Submission
The process begins either when the directors submit Form DS01 to Companies House, or when Companies House itself initiates a compulsory strike off.
Step 2: First Gazette Notice Published
Companies House publishes a First Gazette Notice in The Gazette, which serves as an official public confirmation that the company is proposed for removal from the register.
Step 3: The Opportunity to Object
Creditors, HMRC, lenders, employees, shareholders, and other interested parties have a limited window to submit a valid objection if they believe the company should not yet be dissolved.
If No Objection Is Received: A Second Gazette Notice is published, and the company is officially dissolved and removed from the Companies Register.
If a Valid Objection Is Received: The strike off process is suspended, and Companies House records the objection (often issuing a DISS40 notice). This can mean the company remains active on the Companies Register for months or even years. During that time, directors must continue to comply with their legal filing obligations, including confirmation statements where required.
Voluntary or Compulsory Strike Off
A company can enter the strike off process in one of two ways:
1. Voluntary Strike Off
Directors choose to close the company because it is no longer required and submit Form DS01. Before applying, directors must ensure the company meets specific statutory requirements:
The company must be able to pay its outstanding debts.
It cannot be subject to ongoing insolvency proceedings or formal creditor agreements, such as a Company Voluntary Arrangement (CVA).
It must not have traded, changed its name, or disposed of property/rights for value during the previous three months (unless necessary for closing the business).
2. Compulsory Strike Off
Companies House automatically initiates this process if a company fails to meet its statutory obligations, such as failing to file annual accounts or confirmation statements.
Understanding the DISS40 Notice
What Is a DISS40?
A DISS40 is not the objection itself. It is an internal Companies House notice indicating that a valid objection has been received and the proposed dissolution has been suspended. While insolvency practitioners and legal professionals use this technical term, for directors, it simply means your strike off application has been put on hold.
Who Can Object to a Strike Off?
An objection can only be lodged after the proposed strike off notice is published in The Gazette. It must be made by someone with a legitimate interest in the company, supported by evidence (such as unpaid invoices, loan agreements, or tax liabilities). Legitimate parties include:
- HMRC
- Creditors and suppliers owed money
- Banks and financial lenders
- Shareholders and employees (or former employees with outstanding claims)
Frequently Asked Questions
Can I find out who objected to my company’s strike off?
You can contact Companies House to discuss your company’s status. While they may explain the nature of the objection, they do not always disclose the identity of the objector, especially if it involves a private creditor. Reviewing your outstanding liabilities (like unpaid VAT, PAYE, or a Bounce Back Loan) will usually reveal who objected.
Can I still close my company after an objection?
Possibly. It depends entirely on whether the underlying issues and if any debts giving rise to the objection can be resolved.
What if my company has already been struck off?
If the company has already been removed from the register, the dissolution is complete. It may still be possible to restore the company via a separate legal process if specific statutory requirements are met. If debts or legal matters remain unresolved, you should seek professional advice immediately.
Concerned About a Suspended Strike Off?
The most important rule is not to ignore the objection. Acting early gives you more choices and control over the outcome.
If your company’s strike off has been suspended and you are unsure of your next steps, we can help. Depending on your circumstances, we can explore options such as a company takeover. This allows you to step away from day-to-day responsibilities while we handle creditor communication, Companies House requirements.
The earlier you seek advice, the more options you are likely to have available.
