If a company has previously been struck off the register or dissolved, it is possible to restore the company to the register. There are two ways to restore a company; by court order or administrative restoration. A company which is restored to the register will be treated as though it had not been struck off the register or dissolved.
An application for a court restoration has to be made within six years of the dissolution, and can be made by a former director, creditor, member or liquidator and a variety of other people who may have an interest in the case. The court will want details of various aspects of the company including its membership and officers, its trading activity and details of the dissolution or striking off the register. The company will normally be restored with the same company name, unless another company is trading under that name which can be checked beforehand. There are a range of costs to be paid, which can include late filing fees and penalties.
If a company has been dissolved or struck off for less than six years, and the company struck off the register under sections 1000 and 1001 of the Companies act 2006 or section 652 of the Companies Act 1985, the company may be eligible for administrative restoration. This can be applied for by a former member or director of a company who was in position at the time of dissolution.
As restoration of a company is a complex matter, professional advice should be sought prior to application.
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