Once the company has closed

Records of a closed company: who holds them and who can sell

Updated

When a company closes, its records do not disappear with it: they pass to whoever now acts for the company, an office-holder in an insolvency or the Crown once a UK company is dissolved, and that person decides whether they can be sold.

Ask about my company's records

An office-holder in the UK

Section 234 of the Insolvency Act 1986 lets the court require anyone holding books, papers or records to which the company appears entitled to deliver them to the office-holder. Section 235 obliges officers and others to give the office-holder the information about the company's business and property that it reasonably requires.

Source: Company records release law

A trustee in a US bankruptcy

Under 11 U.S.C. 521 the debtor surrenders to the trustee all property of the estate and any recorded information, including books, documents, records and papers. Section 542(e) lets the court order an attorney, accountant or other person holding such recorded information to turn it over.

Source: Company records release law

The people named in the records

Records full of names stay personal data. UK GDPR article 5 says personal data are kept in identifiable form no longer than their purpose needs, which is one reason buyers strip identifiers before anything is licensed.

More on company records

Selling before the company is wound up is on can a company sell assets before liquidation.

Tell us where the company's records are kept

4 of the 5 providers we read put ownership of the records with the customer. Tell us where yours are held and where the company stands, and a person will reply.

The records themselves
  1. What form are most of the records in?

  • Each records enquiry is answered by a person
  • No storage firm on the board learns that you asked
  • Describe the records only: send no files, scans or box lists through the form

Sources

This site's own datasets, every figure quoted from its source and dated:

Ask whether your company's records can be licensed

4 of the 5 providers we read put ownership of the records with the customer. Tell us where yours are held and where the company stands, and a person will reply.

Ask about my company's records