Voluntary Strike Off & Voluntary Winding Up
Please note: These guidance notes are not intended to be definitive legal advice and should not be relied upon as such. The interpretation of legislation is a matter on which the Guernsey Registry cannot advise and entities/individuals need to form their own independent view on compliance with the legislation. Independent legal advice is advised where there is any uncertainty.
Companies can be voluntarily removed from the register in two ways - voluntary strike off and voluntary winding up.
Voluntary strike off
Voluntary strike off allows the directors of a company to remove the company from the register, provided it has not traded or carried on business for at least 3 months.
A liquidator does not need to be appointed for a voluntary strike off. The process is free of charge and can be done using the Online Services Portal.
Companies intending to apply for voluntary strike off must apply by 31 December, otherwise it will be necessary to file and pay for an annual validation the following year.
|Voluntary strike off - guidance [370kb]||Guidance on the voluntary strike off process|
|Voluntary strike off - template declaration of compliance [67kb]||Template declaration of compliance for a voluntary strike off. A declaration of compliance needs to be attached to a voluntary strike off submission|
|Voluntary strike off - submission [1Mb]||Step-by-step guidance on how to apply for a voluntary strike off using the Online Services Portal|
Voluntary winding up
Voluntary winding up differs from voluntary strike off in that a liquidator must be appointed to distribute the company's assets. A voluntary wind up can be used in cases where a voluntary strike off cannot be used; for example when the conditions set out in the declaration of compliance for a voluntary strike off cannot be met.
There are two stages to the process:
1. Passing and filing a resolution to voluntarily wind up the company and appoint a liquidator
2. Once the liquidation is complete, the liquidator will call a final meeting and notify the Registry. A notice is published on the Registry website for 3 months before the company is removed from the register.
Companies intending to go into voluntary winding up must appoint a liquidator by 31 December, otherwise it will be necessary to file and pay for an annual validation the following year.
|Voluntary winding up - guidance [241kb]||Guidance on the voluntary winding up process, including how to make an application|
|Voluntary winding up appointment of liquidator - submission [2Mb]||Step-by-step guidance on how to make an online submission to place a company into voluntary winding up and appoint a liquidator|
|Voluntary winding up notice of final meeting - submission [2Mb]||Step-by-step guidance on how to make an online submission to file a notice of final meeting|
Relevant links & information
The Companies (Guernsey) Law, 2008