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Company Restoration

Has yours or your client’s company been struck off and the wish is for it to be restored? Whether this be to continue trading or to recover assets held in the company’s name, we will be able to help.

If a company is struck off without being properly wound-up or liquidated, any assets such as money in the bank, property or intellectual property become Bona Vacantia (the assets pass to the Crown). Generally however, the Crown will have no interest in these assets and will not seek to dispose of them and so they will still be available should the company be restored.

Administrative Restoration

the company was struck off by the registry within the past 6 years and was trading at the time it was dissolved and the intention is to continue trading post-restoration.

Restoration Through The Court

The company has been struck off within the past 6 years and there are assets to be recovered within the business. The shareholders / directors can then apply for the company to be struck off again.

Administrative Restoration

This method is only suitable where a company has been forcibly struck off and is seeking to continue trading post-restoration. This process can be relatively quick (4 weeks). While a standard restoration should be inexpensive, it can become costly with numerous filings have been missed. The Registrar’s condition of Restoration is that the company files all missing Annual Returns and Accounts and pays the resulting Late Filing Penalties. It is not always possible to restore a company with the original name and so an alternative name may be required.

We will provide the application for the Bona Vacantia Waiver Letter from the Treasury solicitor, advice on the documents required to bring the public file up to date, advise on possible fines and fees if applicable, advise on potential alternative names if necessary and file at all required documents at Companies House.

Restoration Through The Court

This method is most commonly used to recover assets after a company has been voluntarily struck off but there has been a failure to clear funds from a bank account or there is still property held in the company's name, or where there are tax liabilities or potential refunds to be claimed. This procedure takes longer than an Administrative Restoration and takes an average of 3-6 months.

Where the sole purpose of the restoration is the recovery of assets and the company will then apply to be struck off again, then the Registrar of Companies will not insist as a condition of restoration, that the company brings up to date its filing requirements and pays any resultant fines.

We will carry out all formalities and prepare the Companies House and Court forms, witness statements, undertakings where appropriate, correspondence and deliver and collect all necessary documents.

If you would like a quote for these services please get in touch

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