Tixway UK Ltd is the company of which Mr Whyte is director, having taken up that position on the expiry of his director’s disqualification. The company had been formed by his now estranged wife, and Mrs Whyte had been the sole director until she stepped down and her husband took over.
Tixway UK Ltd has been busy in Glasgow Sheriff Court recently defending an action raised against it by One Stop Roofing Supplies Ltd.
Mr Whyte gave evidence in court. It could be thought that perhaps he has memory problems, as he told counsel for One Stop that he could not recall, without seeing the paperwork, why he was banned for seven years in 2000 from being a company director.
Another sign of forgetfulness is indicated by a document which has just appeared on the Companies House website.
This relates to Tixway UK Ltd and can be viewed here – Tixway strike off.
As can be seen, it is the warning that, under s1000 of the Companies Act, the company will be struck off the Companies Register in 3 months and dissolved, unless cause to the contrary can be shown.
S1000 deals with situations where the registrar “has reasonable cause to believe that a company is not carrying on business or in operation”. A letter is sent to the registered office asking for confirmation of the position. If, after one month, there is no reply, a further letter is sent. In the absence of a response within one month to the second letter, the letter referred to above is sent.
Interestingly, this is the third consecutive year that the striking off procedure has been put into process for Tixway UK Ltd. On the previous 2 occasions, dissolution was prevented close to the deadline.
If nothing more is done to prevent striking off, then any assets of the company will be declared “bona vacantia” and paid over to the Scottish Consolidated Fund, effectively the Scottish Executive’s bank account. Perhaps, in view of the sums involved, this is Mr Whyte’s way of making sure that tax paid in Scotland stays in Scotland
Bearing in mind that Tixway UK Ltd’s last accounts, dated January 2010, disclosed that the company held over £2.5 million worth of assets, then I am sure Mr Whyte will want his administrative colleagues to get the finger out and to reply to the Registrar! tixway–Annual-Accounts
Perhaps these things simply slip his memory, as did the reason for his disqualification.
It constantly amazes me that, for all of his undoubted business and entrepreneurial skills, Mr Whyte’s grasp of administration and time limits laid down by law seems to be so lacking. Alternatively, his administrative systems require a substantial overhaul.
Of course, if the assets have been used, and there is nothing in Tixway UK Ltd any more, the striking off process might result in One Stop, if successful in their court action, receiving nothing. I am sure however that Mr Whyte would not seek to make deliberate use of this procedure to have his company avoid paying debts due by it.
Sadly, as the company has not lodged any accounts since those for year ended January 2010, it is impossible to say what might have happened to the £2.5 million in assets which existed then.