We can help to restore a company that has been removed from the Register of Companies at Companies House.

There are two main reasons why companies are struck off the register:

(a) Required documents, such as accounts or annual return have not been filed at Companies House. The reason for this can be simply that the Company’s registered office address was not updated following a move and so official notices from Companies House were not received, or

(b) A director has applied for dissolution usually on the basis that it has ceased trading and has no outstanding debts

It is often discovered sometime later that the company needs to recover assets or wishes to continue trading. Once the company is dissolved it no longer legally exists and the assets are passed to The Crown (they become Bona Vacantia), at this point the bank account becomes frozen, leases, insurance policies, loan and finance agreements etc may become invalid.

Since the implementation of the last stage of Companies Act 2006, there are now two options available for restoring a limited company to the Register.

Option 1:
Company Restorations by Court Order

Option 2:
Administrative Company Restorations

In addition to the above methods of restoring a company name to the register we are on occasion able to assist you in making application to the Treasury Solicitors for a discretionary grant [MORE]

Company Restorations by Court Order

We will deal with all formalities associated with the restoration including liaising with the Companies Court and Companies House. We will also draft and, where necessary, submit all documentation for you. We will also keep you updated on the progress of the company restoration from time to time, as appropriate. No court attendance on your part will be necessary.

If the sole reason for restoring a company is to release its assets, for example, money in the bank account, property or any other claim then this is perhaps the best option for you. It is the ONLY restoration option if the company was struck off as a result of a voluntary application.

Application can be made by a former director, shareholder, liquidator or creditor of the dissolved company and must be made within 6 years of the date of dissolution.

NOTES:

(a) If the sole asset is money held in a frozen bank account and the amount is under £3,000 then you may want to consider application for a Discretionary Grant

(b) We cannot unfortunately assist if the company was incorporated in Scotland or Northern Ireland.

(c) The company will be restricted to carrying out only the activities mentioned in the Witness statement filed with the Court at the time of application.

(d) If the intention is to maintain the company on the register for general trading, this must be mentioned in the Witness statement.

How long does the process take?

A hearing date to restore a struck off or dissolved company is normally advised shortly after the forms have been lodged with the courts. This interim period is necessary to make sure all the statutory forms for the company have been brought up to date for Companies House (for example Accounts and Annual Returns). The total length of the company restoration process can be expected to be between 8 and 12 weeks if all runs according to plan.

One of the advantages of restoration by court process is that, unless the company intends to stay on the Register, no annual returns or accounts need to be filed and no late filing penalties will be applicable.

COSTS

Our total fees are £1200 (inc) and this includes all disbursements which include legal fees, Court fees and Treasury Solicitors fees. Please note that the fees are payable in advance to the following account:

Account Name: Domainscape
Bank Name / Address: Lloyds TSB, PO Box 1000 BX1 1LT
Account No: 1099483 02
Sort Code: 30-96-61

(Please quote name as the reference)

Notes regarding fees

(1) If the last registered office of the company was in either Lancashire or Cornwall there will be an additional fee of £125 + VAT to cover the relevant Duchy charges.

(2) In the unlikely event that a court appearance is necessary additional legal fees are payable (approximately £250 + VAT depending on the nature of the case).

(3) The fees charged by Treasury Solicitors can increase if the restoration is complex or there are delays and adjournments such as the failure to lodge outstanding documents before the Court hearing.

(4) Our fees DO NOT include any Companies House late-filing penalties the company may have incurred.

(5) We do ask that the total fees (which include disbursements) be paid before we are able to start the restoration process.

Administrative Company Restorations

If the reason for restoring the company is to continue business and stay on the Register then this cheaper option is available.

Since 1st October 2009 the Companies Act 2006 it has been possible to make application directly to Companies House and not to the court. It only applies to companies wishing to continue trading after restoration and an undertaking must be given to this effect. Typically this form of restoration applies for example to a company that was dissolved because its accounts or annual return were not filed.

Administrative Restoration for a struck off or dissolved company can only be used where:

(1) the company was carrying on business, or in operation at the time of dissolution

(2) the company has been struck off under sections 1000 or 1001 (power of registrar to strike off defunct company)

(3) the application is made within a period of 6 years after the date of dissolution

(4) the Crown has signified consent (Bona Vacantia issue)

(5) the company has delivered all the necessary documents to bring the company up to date, i.e. all outstanding documents at the time of dissolution and any that have fallen due during the period of dissolution, and paid any relevant penalties under Section 453 or corresponding earlier provisions (civil penalty for failure to deliver accounts) that were outstanding at the date of dissolution or striking off

Effect of administrative restoration

The general effect of administrative restoration to the register is that the company is deemed to have continued in existence as if it had not been dissolved or struck off the register.

COSTS

Administrative Company Restoration Cost

Our fees
£199 (inc)

Bona Vacantia fee
£79

Companies House fee
£100

Total
£417.80

Notes

(1) Any former director or shareholder of a company dissolved under section 652 of Companies Act 1985 or section 1000 of the Companies Act 2006 can apply.

(2) Companies that were struck off the Register due to a voluntary application made by the directors cannot make application.

(3) Outstanding accounts and annual returns must be filed, even for dormant or non-trading companies.

(4) Late filing penalties (if applicable) must be paid to Companies House with the application.

(5) The timescale for company administration is approximately 4-5 weeks