Disolved companies

[stender]

If a company was disolved and the domain name they owned is suspended, can you try and trackdown company directors and get them to sell/transfer the domain to you still?
Do they need access to headed paper or current documents? if the business has been disolved for a couple of years is it still possible?

 

[aZooZa]

If a company was disolved and the domain name they owned is suspended, can you try and trackdown company directors and get them to sell/transfer the domain to you still?
Do they need access to headed paper or current documents? if the business has been disolved for a couple of years is it still possible?

If the company is dissolved, any previous directors will have no claim to the domain name.

 

[olebean]

If the company is dissolved, any previous directors will have no claim to the domain name.

Who knows if the domains were transfered to the directors or other parties prior to the company being desolved. Its worth a shout getting in contact with the directors, they may have "not got around to changing the details on the domain"

 

[keys]

Surely it's too late. Even if a director had transfer paperwork dated prior to the date of company winding up, it would be invalid. I would expect the domain to be deleted when it expires or Nominet are told that the registrant no longer exisits.

 

[bb99]

Technically speaking, if the domain is under the company's ownership when dissolved then the directors have no claim over it.

However, as hinted above by olebean, it is entirely possible that Mr A Director (once approached by an informed domainer) took ownership of the name prior to dissolution and merely forgot to file the paperwork with Nominet.

[Or, missing out a step, they could claim that it was sold to Mr A Domainer prior to dissolution].

A few bits of paper / signatures later and the domain can be transferred to Mr A Domainer while Mr A Director cashes a fat cheque. And, of course, nobody tells HMRC about it. Everyone's a winner

 

[retired_member12]

I imagine Nominet will only be concerned with facts, and what is legal.
A Director popping up and simply saying it was transferred to them without absolute proof is frankly ridiculous.
Transfers of any business asset or assignment to Directors or other employees must be recorded, otherwise the Director would be open to all sorts of accusations.
"Err, yes guv, i transferred the company Lexus to myself before the business went bust. I can't prove it, but i'm a Director, so i must me honest!"
Cue the sound of an arresting officer knocking at your door.

 

[bb99]

A Director popping up and simply saying it was transferred to them without absolute proof is frankly ridiculous.

But a signed statement by one (or more) former directors of the dissolved company may be as good as you're going to get (unless you forge an old document) - and if I were Nominet then I'd surely accept it (with maybe an indemnity also signed by those involved in the deal).

 

[bb99]

Transfers of any business asset or assignment to Directors or other employees must be recorded, otherwise the Director would be open to all sorts of accusations.

"Of course it was recorded - but it was 2 years ago now and all the books and records are long gone. So here's a signed statement instead "

 

[stender]

Said company was disolved in 2004.
Registrant is name of company
Registrant type is unknown
address was old place of business.

 

[keys]

Can anyone explain why there are hundreds, maybe thousands, of companies registered/dissolved in the name of File Travel (xxxx). It must cost a small fortune to manage them all, what's the reason or benefit?

 

[bb99]

Said company was disolved in 2004.
Registrant is name of company
Registrant type is unknown
address was old place of business.

I know there's people on here who have done this sort of thing so maybe they can tell us what they did / how they did it. I'm just guessing to be honest.

One other way is to bring back the company out of dissolution, do the deal and then dissolve it again. A legal ballache and I'm not sure on all the rules but it may be that it could be done this way.

 

[olebean]

Said company was disolved in 2004.
Registrant is name of company
Registrant type is unknown
address was old place of business.

use the directors address

 

[developdomains]

a lot of companies offer a "ltd company out of a box" solutions. the company name is file travel xxxx and then when formed a notice is sent to companies house to change to the actual name being used.

that could be why.

Can anyone explain why there are hundreds, maybe thousands, of companies registered/dissolved in the name of File Travel (xxxx). It must cost a small fortune to manage them all, what's the reason or benefit?

 

[retired_member12]

Dissolved companies are exactly that, dissolved.
I'd give up any hope of pursuading Nominet to allow the name to be transferred. I've asked them a number of times in the past, it's a non-starter.

Can you imagine the can of worms that would open up for the courts if ex-directors were able to swan in and make spurious personal claims of anything belonging to a registered company, whether dissolved or not?

The whole point of limited companies being legal entities in their own right would be completely undermined. Directors have fudicial duties to those companies, and are certainly not allowed the perk of asset stripping for personal gain.

All these ideas are imaginative, but consign them to the 'wouldn't it be great if..' tray where they belong.

 

[olebean]

Dissolved companies are exactly that, dissolved.
I'd give up any hope of pursuading Nominet to allow the name to be transferred. I've asked them a number of times in the past, it's a non-starter.

Can you imagine the can of worms that would open up for the courts if ex-directors were able to swan in and make spurious personal claims of anything belonging to a registered company, whether dissolved or not?

The whole point of limited companies being legal entities in their own right would be completely undermined. Directors have fudicial duties to those companies, and are certainly not allowed the perk of asset stripping for personal gain.

All these ideas are imaginative, but consign them to the 'wouldn't it be great if..' tray where they belong.

Interesting moral debate, if you change tack it could work.

 

[stender]

So we're saying no then?

If the director had headed paper still and sent nominet forms on what checks do nominet carry out? Seeing the way they run other things I would be surprised if they do much checking?

 

[keys]

An interesting theory, but I'm sure the real explanation is more invloved or devious than that. If you look in the register you will see hundreds of File Travel (xxxx) and xxxx is approaching the 9000 mark now, with a sgnificant number of them dissolved. We sold a name to one of them last year, now an Irish buyer wants to get in touch.

a lot of companies offer a "ltd company out of a box" solutions. the company name is file travel xxxx and then when formed a notice is sent to companies house to change to the actual name being used.

that could be why.

 

[retired_member12]

You have to remember that you are dealing with a legal entity.

If it's dissolved, forget it.
If it's in liquidation, approach the liquidator.
If there is a proposal to strike off, approach the owner and/or the legal representative.
If it's dormant, approach the owner.

Don't ever induce an ex-Director to commit a fraud, if he's an honest guy, and/or a current Director elsewhere, his professional approach might be to bubble you to the police, next stop the dock!

 

[olebean]

So we're saying no then?

If the director had headed paper still and sent nominet forms on what checks do nominet carry out? Seeing the way they run other things I would be surprised if they do much checking?

Stender we are saying it is possible..

 

[rob]

I believe Nominet will not investigate any claims over the name unless it is from a previous owner.

If the director moves the name over, the disolved company would be the only entity that could complain (well, others could, but going by the above nominet would not listen) however they do not exist.

Voila, peace of mind when signing that indemnity