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Restoring a Company

Have you ever found yourself in a situation where you need to restore a company to the Companies Register? Perhaps the business was struck off voluntarily, but circumstances have changed, or maybe it was removed due to non-compliance, and now you need access to company assets. As a law firm specialising in insolvency, we often guide clients through the restoration process, ensuring a smooth and efficient outcome.

Why Would You Need to Restore a Company?

There are several reasons why a company may need to be restored. Perhaps the company was dissolved, but now there are outstanding liabilities or new opportunities have arisen. You may need access to company funds or assets, such as real estate or intellectual property, that were previously tied to the company. Other common reasons include resolving legal claims, recovering debts owed to the company, or fulfilling contractual obligations.

What Is Involved in Restoring a Company?

Restoring a company can be done through two main routes: administrative restoration and court restoration. The choice of method depends on how and why the company was dissolved.

Administrative Restoration

Administrative restoration is a straightforward and relatively quicker process. It is available when the company was struck off the register by the Registrar of Companies for failing to file accounts or annual returns. However, it can only be initiated by a former director or member within six years of the company’s dissolution.

The process for administrative restoration involves:

  • Submitting an application to Companies House (Form RT01), along with a fee and supporting documents.
  • Filing any overdue accounts or annual returns, and settling any outstanding penalties for non-compliance.
  • Companies House reviews the application and, if satisfied that the criteria are met, issues a notice of restoration. The company is then restored to the register and considered to have continued as though it had not been dissolved.

Administrative restoration is ideal when the company simply failed to meet filing obligations but otherwise remains solvent and there are no complex legal issues involved.

Court Restoration

Court restoration is required when administrative restoration is not available, typically in cases where the company was voluntarily dissolved, or the six-year period for administrative restoration has passed. It is a more formal and involved process, requiring court involvement.

The steps for court restoration include:

  • Filing a claim form (N208) with the appropriate court, which initiates the restoration proceedings. Along with this form, supporting evidence must be provided, such as witness statements explaining why the company should be restored.
  • Serving the claim form on relevant parties, including Companies House and any other interested parties (such as the Treasury Solicitor or the Solicitor for the Duchy of Lancaster if applicable).
  • The court may schedule a hearing, though in many cases, the matter can be resolved by consent without a formal hearing.
  • If the court grants the restoration order, an official copy of the court order must be delivered to Companies House, at which point the company is restored to the register. The company is then treated as having continued in existence as if it had not been struck off.

Court restoration is often necessary in more complex situations, such as when the company has significant assets or liabilities, or if there are ongoing legal disputes that need resolution.

How Long Does It Take?

The duration of the restoration process depends on the method used:

  • Administrative restoration typically takes between 3-4 months, depending on how quickly the required documents and fees are submitted to Companies House.
  • Court restoration can take 4-6 months or longer, depending on the complexity of the case and the court’s schedule. Cases that require hearings or involve disputes may take additional time to resolve.

How We Can Assist You

As a law firm specialising in insolvency, we provide expert guidance through every step of the restoration process. Here’s how we can help:

  • Assess your situation: We will evaluate whether your company qualifies for administrative or court restoration and advise you on the best course of action.
  • Handle the paperwork: We will manage all aspects of the application process, including preparing and submitting the necessary forms, evidence, and supporting documents.
  • Hearing preparation:  We will prepared the court bundles, brief to Counsel and liaise with the relevant parties ahead of any hearing.
  • Ensure compliance: Once your company is restored, we will liaise with the relevant parties to facilitate that all outstanding filing obligations, such as annual returns and accounts, are met to avoid penalties or dissolution.

Whether your goal is to recover assets, resolve legal claims, or revive a dissolved company, having the right legal support is crucial. If you need assistance with restoring your company, feel free to contact Lakhvir Singh at Lakhvir.sing@elselaw.co.uk to discuss your options and how we can facilitate a successful restoration.

Disclaimer: This article is intended for general guidance and informational purposes only. It should not be considered legal advice. Every company’s situation is unique, and legal advice tailored to your specific circumstances should be sought before taking action. Please contact our law firm for more detailed assistance regarding your company restoration.

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