What a First Gazette Notice Means and What to Do Next

A first Gazette notice is a public declaration that a business will be made to close.

The Gazette itself is an actual publication with accompanying website that lists companies that are due to be shut down.

Starting out as a newspaper some 350 years ago, most people now access The Gazette via its website. It also publishes other public notices, such as deceased estates. If you’ve received such a notice, you may be concerned about what this means for your business.

Why would a company get a Gazette notice?

A first Gazette notice can be issued for a handful of reasons.

It could be due to a failure on the company’s behalf to submit their tax returns or annual accounts on time. Alternatively, it may be because their records have been found to be inaccurate.

Otherwise, businesses can appear in the Gazette because they’re assumed to be no longer operational, or because their directors have voluntarily applied for dissolution.

Who issues a first Gazette notice?

In the main, it’s Companies House that issues first Gazette notices. Others can place notices, but they must be “acting in an official capacity”. Such examples include insolvency practitioners and chartered accountants.

What does the Gazette do?

The purpose of publishing notice of an impending closure in the Gazette is twofold: for business owners, it gives them chance to appeal against the closure, and for creditors, it allows them opportunity to try to recoup outstanding monies.

Creditors can lodge an objection against dissolution as this process will likely see them receive no payment. If the company in question is being liquidated instead, the notice provides them time to submit a claim instead.

How serious is a first Gazette notice?

If no action is taken by a business receiving a first Gazette notice, it will be forcibly closed and struck off from Companies House. While voluntary closures can be much quicker, compulsory strike-offs can see closure within 2 months after the first Gazette notice.

Assuming that no objections are lodged, a second Gazette notice is published two months after the first, notifying the public that the business no longer exists as a legal entity.

Can a first Gazette notice be removed?

As a general rule, The Gazette will not remove notices once published as they form part of the official public record.

In special cases, sensitive information can be redacted if there is sufficient evidence supplied to suggest that it could endanger anybody involved.

How often is The Gazette updated?

The Gazette’s website is updated each working day.

The print newspapers are published at different rates depending on which country the business is based in.

• The London Gazette (for England and Wales) is published every weekday except for bank holidays.
• The Edinburgh Gazette (for Scotland) is published every Monday and Wednesday.
• The Belfast Gazette (for Northern Ireland) is published every Monday.

What you need to do if your company receives a first Gazette Notice

Forbes Burton’s Ben Westoby, a company closure expert has some simple advice for anybody receiving a first Gazette notice,  “Act quickly!”

He adds 

“The very first thing you should do is get in touch with Companies House to inform them that your business is still trading. If they’ve assumed you’ve closed due to a failure to submit your accounts or confirmation statements, then make sure these are sent over too. Time is of the essence to avoid being struck off”.

Is your business struggling?

As soon as you start to see your business struggle, you need to get in touch. We’ve seen hundreds of businesses close that could have been saved if they’d come to us sooner.

Even if there’s no scope for recovery, we can ensure that your business is closed in a prompt and simple manner that avoids the hidden charges and stress that other firms burden you with.

We have specialists on hand that can help you to facilitate turnaround strategies, sell your business, or close down your company depending on the best route available to you. Call us on 0800 975 0380, or email advice@forbesburton.com for a free consultation with one of our friendly advisers.