URGENT: COMPANY LATE FILING CONVICTION IMMINENT

[caesard]

Hello, I have an urgent weird problem.

I have been eligible to apply for naturalization and hence British citizenship since June of this year, but haven't gotten the free funds to do so. I was planning on actually getting it done in December.
I opened a company in 2010 with my partner, who is a British Citizen to explore a business idea, but in 2012, she suffered severe depression and I am now her carer.
The company has never traded and has been dormant. My wife, who is also the company secretary has not filed the company's accounts last year and has been hiding the reminder letters from Companies House until last week when I saw court documents sent to me and her that they intend to prosecute us the directors.

The court summons has already been issued and the court date is set for this November, 14th.

Assuming the court hearing goes ahead, does it classify as a criminal conviction if I get fined by the court?

Can I submit the accounts before the court date and ask the court or companies house to dismiss the case on the basis of diminished responsibility for my ill wife, who has been responsible for the filings and has been hiding the company documents and letters?

Will this prevent me applying for Naturalization in December? And will I have to wait 3 years?

Thanks

[Wanderer]

Can I submit the accounts before the court date and ask the court or companies house to dismiss the case on the basis of diminished responsibility for my ill wife, who has been responsible for the filings and has been hiding the company documents and letters?

You can try but as a Director you are ultimately responsible for the Company and it's responsibilities so I doubt they'd listen.

[caesard]

Yes, but will it affect my application? will this give me a criminal record?

[redshift]

You need a lawyer, pronto.

[tomswie]

No payment a penalty for late filing of Companies House return will result with a CCJ for the limited company. Limited company is a separate legal entity and a CCJ record of such have nothing to do with personal CCJ records of its officers. Obviously is a breach of your director,s duties but this is not a criminal offence that you have disclose. If I remember well, such directors "offences" are not registerable and to make them visible in records always require individual investigation on application of Companies House, court or HMRC. Good way to avoid a CCJ for your company is to pay all requested money to CH or its agent immediately: before a judgement or up to one week after. Its better do not wait for a judgement. Pay by BACS or card.