How To Restore A Company To The Company Register

Year Published: 2018

There are various reasons why you may want to have a dissolved company restored to the Company Register. You may want to continue trading with the company, or you may want to make a claim, take receipt of a payment from a debtor or complete a lease or property transaction.

There are two methods by which you can restore a company:

  • Administrative Restoration;
  • Restoration by Court Order.

Administrative Restoration

This is the more straight-forward method but it can only be used if:

  • You were a director or shareholder at the time the company was dissolved;
  • The company was struck off the register and dissolved by the Registrar of Companies within the last 6 years; and
  • The company was trading at the time it was dissolved.

If the above conditions are not met then you will need to apply for a Court Order to get the company restored.

Restoration by Court Order

When restoring a company to the Company Register by a Court Order it is vital to take specialist legal advice to ensure the correct documents are filed and avoid unnecessary issues at court.

You may be able to apply for a Court Order to restore a company if:

  • You did business with them;
  • You worked for them;
  • They owed you money when they were dissolved;
  • You were a shareholder or director of the company when the company was dissolved.

What is the solicitor’s role when restoring a company to the Company Register by Court Order?

During the process, we will make the claim on your behalf which will include filing a Part 8 Claim Form and a Witness Statement with the court. Depending on the urgency of the matter, this may also include a Certificate of Urgency.

Once the claim is issued, we will liaise with the Treasury Solicitor to obtain the necessary consent to the claim and lodge this with the court. If a court hearing is necessary, we can attend this for you.

Once the court has issued an order to restore the company, we will send this to the Registrar of Companies and the Treasury Solicitor. The company will then be restored to the register and deemed to have continued in existence as if it had not been struck off.

Restoring a company to the Company Register through a Court Order can be a costly process and carries many risks. Many solicitors will offer a fixed fee price for their costs but there will also be external costs which you need to be aware of such as, court fees and Treasury Solicitor’s fees. With this in mind, it’s important to take specialist legal advice in order to ensure you minimise the costs and risks involved.

If you are looking to restore your company, our Dispute Resolution team are here to advise you. Please contact Anna Barnes on 0161 475 7655.

 

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