Disolved Company to new Company Name

[VSC]

Hi,

I have looked through previous threads and got some idea, but no info on this precise situation so would appreciate advice.

A company has 2 directors. The company is disolved.

A new company is set up straightaway by one of the directors.

The business in essence is exactly the same, and uses the same domain and website.

2 years later and the domain still has the old company name as the trading name and the registrant is the director who is now NOT part of the new company. The email address is also not accessible by the new director of the business using the website ....

The director of the new company obviously wants to access the domain but is unable to as the old director refuses access.

What can the new company director do considering the 2 director issue?

Thanks for any advice ...


The old company was actually struck off and not disolved, and the domains were bought by the company and NOT either director.

 

[noonoo1]

I have some company experience.

If the domain name was bought with the dissolved company monies (claimed for/end of year returns) then the domain name should have been disposed of by the administrators.

If the domain name was bought privately by the director and used by the dissolved company then the name is owned privately.

There is a difference between bankruptcy and wound up.

If a company director/s run a company into bankruptcy then the administartors would have gone for the directors personal holdings.

Hope this helps

 

[vizzo]

I cannot answer your question but I can raise something that doesn't quite add up.

You say the new business is the same and uses the old domain and website

However since it is not accesible by the director of the new company and has the old trading name on it, I'm not sure in what way the new company uses the website.

So from the info you've given it's not clear what claim the new director has on the site and/or domain.

 

[VSC]

I have some company experience.

If the domain name was bought with the dissolved company monies (claimed for/end of year returns) then the domain name should have been disposed of by the administrators.

If the domain name was bought privately by the director and used by the dissolved company then the name is owned privately.

There is a difference between bankruptcy and wound up.

If a company director/s run a company into bankruptcy then the administartors would have gone for the directors personal holdings.

Hope this helps

Thank you, that helps.

 

[VSC]

I cannot answer your question but I can raise something that doesn't quite add up.

You say the new business is the same and uses the old domain and website

However since it is not accesible by the director of the new company and has the old trading name on it, I'm not sure in what way the new company uses the website.

So from the info you've given it's not clear what claim the new director has on the site and/or domain.

The new company has the old director working for it. There are two other business, which run alongside the business. These are in a separate ltd co.

I will have to check who actually bought it, but as I said, the listed trading name is the disolved company. The domain was bought by the company and NOT the director

I don't want to go in to too many details openly, but let's say that there is a dispute between the two people.

The old director is not bothered about the new company not having him as a director but does not want to release the domain.

 

[noonoo1]

The old director may have done a deal with the administrator.

This does happen quit often.

 

[VSC]

The old director may have done a deal with the administrator.

This does happen quit often.

Didn't happen. The company was struck off, the new company got the assets.

 

[anthony]

The usual logic regarding registered companies, 'assets' and dissolved dates doesn't apply with UK domain names, we all know that by now!

 

[VSC]

Basically I want to know if the new director has a claim on the domain and should contact Nominet?

 

[bb99]

Didn't happen. The company was struck off, the new company got the assets.

This is crucial to the outcome I think - please can you provide more detail here? On what basis did Newco "get" the assets (and anything else) from Oldco and what documentation is there to prove it?

Also please can you confirm how and why Oldco was stuck off - was it struck off after a liquidation, was it voluntarily stuck off, was it stuck off by Companies House for not filing accounts, or something else?

 

[VSC]

This is crucial to the outcome I think - please can you provide more detail here? On what basis did Newco "get" the assets (and anything else) from Oldco and what documentation is there to prove it?

Also please can you confirm how and why Oldco was stuck off - was it struck off after a liquidation, was it voluntarily stuck off, was it stuck off by Companies House for not filing accounts, or something else?

Hi,

I can get more info, but what I know right now is that they were struck off for not filing accounts.

I'll check re the assets question.

 

[namealot]

If a limited company has been struck off or dissolved, it is removed from the Register at Companies House. Its cash and assets transfer to The Crown, The Duchy of Lancaster or Duchy of Cornwall etc , depending on the situation of the registered office of the struck off or dissolved company under section 1000 of Companies Act 2006 (formerly section 652 of the Companies Act 1985) its assets pass "bona vacantia" to one of the above . Whomever is appointed can disppose of them as they wish ?


To get them back you need either contact whomever was incharge of dispposel or go through a company restoration. the struck off or dissolved company can release any assets (held as "bona vacantia") by way of an application to the Treasury solicitor and the Registrar of Companies within sections 1024 - 1029 Companies Act 2006, (formerly 651, 652 and 653 of the Companies Act 1985),

If the other director bought them independantly of the company then basically tuff he owns the rights