Company dissolved without creditors meeting

C

coffeeman

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I have a small struggling business with the usual creditor issues. One of my creditors has stopped trading his business, has got a job working for one of his competitors and is refusing to continue paying off his account, as previously agreed. On the CRO website his business has been 'dissolved'. Our accountant has suggested that that was because he failed to lodge his accounts. He is refusing to explain why there has been no creditors meeting. It seems that he can forget about his business and no authority is interested in him formally winding up the business and explaining to creditors what happened to their money/goods. A legal friend informally suggested that I make a complaint to the CRO or the Director of Corporate Affairs and he would be forced to appoint someone to wind up the business thus incurring their fees. This is not the first time I found myself owed money from a business that was let fade away. Any advice on persuing my rights as a creditor would be much appreciated.
 
@coffeeman - I understand from an associate that if a Company is struck off in the manner you describe that the Directors may be personally liable. This is certainly the approach of Revenue and I will see if I can procure a reference.
 
If the company has been struck off for failing to file returns you will have to get a court order to restore the company. Expensive.
 
I think a creditor can apply for a creditors voluntary liquidation no matter if company has been struck off (I may be wrong on this).

Talk to Flavien in Irish Liquidations [broken link removed] and she can advise you how best to proceed.

No affiliation to Flavien or Irish Liquidations.
 
Thank you for replies, I won't leave him alone anyway.
 
Paddy199 said:
I think a creditor can apply for a creditors voluntary liquidation no matter if company has been struck off (I may be wrong on this).
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You are mistaken. If a company is struck off it legally ceases to exist and all assets are vested in the minister for finance. There is no company in the eyes of the law to liquidate.
The only way is to ask the courts to restore the company so it can be then liquidated. You have to bear the costs of this. If there are no assets to sell to get your money back there is no point going down that route.
 
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