Disolved company

[stender]

Is there any way the following should could happen?

Domain of a disolved company is suspended after nominet informed. Then doesn't drop when it should but is renewed by the company 2 days after drop date.
A few months later the domain is showing registered to a well known domaining company and must of been transferred as it still shows as pre nom reg.

Reason I ask is a quote from nominet site regarding disolved companies

"Where the registrant of a domain name was a company it no longer legally exists once it is dissolved, so it (and the old directors) cannot authorise a transfer."

How was this possible then?

 

[wb]

Domainer probably contacted one of the previous directors of the dissolved company who had access to the registrar/Nominet account. If that is what's happened then it's probably illegal too as well as being against Nominet's terms considering the company was dissolved and therefore is no longer able to trade.

Alternatively I think there are certain circumstances whereby a dissolved company can be reinstated temporarily. Could be wrong though.

 

[Systreg]

Could also be that someone paid the small fee on the Companies House website, found out the company details and who the official receiver of the company was, made them an offer and they sold it to use the money to pay of some of the companies debts.

 

[alex]

I can't remember where I read/heard it (may have even been direct from Nominet), but if a director of the dissolved company can prove that he/she is still using the domain then it can be transferred after the company has dissolved. This is also the case when administrators take control of assets after liquidation.

 

[retired_member32]

Is there any way the following should could happen?

Domain of a disolved company is suspended after nominet informed. Then doesn't drop when it should but is renewed by the company 2 days after drop date.
A few months later the domain is showing registered to a well known domaining company and must of been transferred as it still shows as pre nom reg.

Reason I ask is a quote from nominet site regarding disolved companies

"Where the registrant of a domain name was a company it no longer legally exists once it is dissolved, so it (and the old directors) cannot authorise a transfer."

How was this possible then?

i have banged my head against these questions many times before and it infuriates me so much,please remember it is crooked world we live and dissolved,administration,liquidated companies are such a grey area that you will never win....do LLP register domains for themselves.....yes obviously....do directors register domains after the company enters a dissolved state......yes absolutely......if you inform the LLP about domains they will inform the liquidated companies directors and ask them if they want the domains....and giive them for nothing (also illegal)....oh yes......do the regulators bother......absolutely not....tried been there!!

 

[namealot]

posted this before might help

Not sure how much nominet care to be honest as long as someone answers there email so to speak...?

Company law there are ways to get assets from a dissolved /struck off (As under section 1000 of Companies Act 2006 (formerly section 652 of the Companies Act 1985) forfeits its assets and they pass "bona vacantia" to either The Crown, The Duchy of Lancaster or Cornwall, depending on the registered office of the company)

If the name is worth enough....? They/you can try to restore a struck off or dissolved company to the register. It is sometimes possible to make an application to release frozen cash or assets (held bona vacantia) and immediately strike the company off again, (more economically viable,) as it avoids a full company restoration. If a company was trading at the time of strike off it may be eligible for an administrative restoration under sections 1024 – 1049 of the Companies Act 2006.
Or
They 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), for a company restoration , either through court or by means of administrative restoration. In other words, you need to reinstate a struck off or dissolved company by way of a full company restoration.

Depends on why they dissolved the company in the first place ...?

As an indervidual you can buy certain assets from the crown but ..? http://www.bonavacantia.gov.uk/outp...e-vested-in-the-crown-as-bona-vacantia-1.aspx

 

[Edwin]

http://www.bonavacantia.gov.uk/output/BVC14-Administrative-Restoration.aspx

The above gives a lot of background on restoring dissolved companies. I guess that under certain circumstances it can be cost-effective to pay all the admin costs of doing so, plus an amount "interesting" enough to persuade a former officer of the company in question to do it, plus something for the asset itself.

And here's the information that seems most relevant if the company is registered in Scotland
http://www.crownoffice.gov.uk/about/Company - Administrative Restoration

Certainly, from reading the above material and from my previous research, there are definitely ways to do it "completely legally" as long as the company hasn't been dissolved too long ago - beyond a certain point, any assets will have been disposed of and so there won't be any point in going through the exercise.

 

[rob]

There is one under investigation, and the current registrant would indicate it has been sold.

Hallmarks of one of the 'acorn chasers'.

Make sure you do things legally or you might get a mess to sort later with several very narked people.

 

[stender]

mmm. According to companies house the last accounts were 2003.
I sent letters to the 2 directors and got no response. I then informed nominet and they went through the usual process. Then when it was due to drop it didn't then a day or two later the domain had been renewed. I'm not certain but I think it was renewed into the name of the director but may be wrong. It's only that i checked the whois yesterday that I now see it with someone else. I have asked nominet for an explanation so will see what they say (if anything).

 

[retired_member32]

come on guy's you can have every law in the book,but a very popular LLP has a portfolio of over 400 decent domains in his account that he has siphoned from Companies ,i notified the FSA and they said it is unlawful and they are powerless to do anything,the FSA where very helpful and asked me for my phone number to explain how crooked and how aware they are but cannot have it in an email ....but unfortunately powerless.

everyone who knows me ,know's i keep thousands upon thousands of domains listed who are currently under an administration order,CVL Liquidation or of a dissolved state.

i chased a xxx,xxx domain ,and the domain has gone through 2 dissolved companies a CVL and he is still in possession of it ....owing extortionate amounts of money to the treasury....and still a director ,and how much do he pay for the domain each time £0

 

[Bailey]

Interesting discussion - But, I'm totally in defence of Nominet - who consider themselves the "upholders of rightful ownership" (my words)

And not facilitators of scalp-hunters.

I won't bore those that already know my history - but, shortly after the death of my wife (and Co-director) I was a target of some of these so called "rightous individuals" both at Companies house -(where a Co-director was a CompanyHouse requirement at the time) and at Nominet for registration-compliance.

Fortunately in Nominet we have an orginisation that sets out to defend the "rights and regulations" in it's entirety and not for those of predatory nature.

All my domains apart from a couple of mishaps (my oversights) were held in suspension pending correction - without duress or pressure from Nominet . they were the ones to note the repeated cancellation requests for domains held by me.

If I had my way there would have been several OBE's winging their way last time the Gongs were handed out - But, I'm happy the boss got one.

 

[Rob_F]

Having had dealings with some of the gTLD and other ccTLD registries, Nominet are in an entirely different league, especially from a customer support perspective. Keep the good work up, Nom.

- Rob

 

[stender]

What I was asking was how the transfer could take place According to the rules on nominets site?
and there is a big difference to writing to an owner first and those who call nominet to report incorrect registrant details.

 

[bb99]

What I was asking was how the transfer could take place According to the rules on nominets site?

You said you'd queried it with Nominet, have they replied yet? Whilst the circumstances of each one will always be unique, this post here http://www.acorndomains.co.uk/new-d...issolved-companys-domain-name.html#post235380 quotes an email from Nominet which illustrates how/why they may allow such a transfer in such circumstances.

Whenever there is something like this (ie a potentially contentious transfer) Nominet do ask for an indemnity to be signed, so if the person doing the transfer is doing something iffy and it later turns legal then that person may find themselves with a hefty costs bill!

 

[stender]

That does sound like what must of happened. Nominet have said there was a "correction" on the regsitrant name.
There has never been a site on the name and I'd have no idea what email address it was registered to.

 

[Bailey]

Nominet do ask for an indemnity to be signed, so if the person doing the transfer is doing something iffy and it later turns legal then that person may find themselves with a hefty costs bill!

Spot-on, Its not a request but, a compliance to proceed a transfer. Very difficult to operate in the UK namespace, outside of their strick governance.

Having experienced Nominets full control of our namespace, it's easy to spot the few contradictions in the system,that require manual intervention to facilitate a correction. - thats what you get when you build a DB system that good from the getgo

If i told you about the patience and willingness made by Nominet to bring all my domains into a single corrective process - You do get to realise you are talking with skilled DB managers , who understand the implications of their actions -

And why the indeminity will kill you stone dead. - if circumstances should require