business services corporate and commercial

Company Restoration

For a businessperson, the idea of your company or one you are involved with being dissolved is a scary one. However, restoring the company can be a challenge worth undertaking!

Although the decision to close or dissolve a company is normally taken with the informed, strategic involvement of the company’s directors, Companies House can strike off a company which does not have a director. Regardless of the circumstances, businesses can live again through “recovery”.

A company that has been removed from the Register of Companies at Companies House can be restored either by a Company Restoration by Court Order or by Administrative Company Restoration.

If, for example, you need to restore a company to release its assets, such as money in a bank account or property, a court order is usually the best option. This can be a common reason for seeking restoration as if the company is dissolved before funds in the account are distributed, these automatically pass to the Crown. If this has happened to you and you wish to recover these funds, this can be achieved by Court order however the Treasury often consent to the restoration if the only reason for this is to recover the funds.

Restoration is also the only option when a company is struck off as a result of a voluntary application. Applications must be made within six years of the date of dissolution and this can be made by a former director, shareholder, liquidator or creditor of the dissolved company.

If a company has been struck off by the Registrar of Companies, usually for failing to file accounts or annual returns, it may be eligible for an Administrative Restoration. A Crown Representation Waiver has to be applied for, and all outstanding Companies House filings must be made, with any late filing penalties paid in full. An assurance is also needed that the company was trading when it was struck off and will continue to trade after restoration.

Else Solicitors Dispute Resolution team have experience of handling all the formalities and documentation for you, including liaising with the Treasury, the Companies Court and Companies House. We are proud of our track record in making successful applications to restore a company. Attention to detail, skills in compiling evidence and a thorough understanding of company restoration legislation is vital to the process!

If you are interested in recovering a company, Else Solicitors can help. Please call 01283 526200, alternatively you can send us a message and we will get in touch at a time that suits you.

Share This

Copy Link to Clipboard