What you need to know about company restoration

Have you ever found yourself looking for a company on Companies House only to realise that your company has been struck off and may need company restoration?

This is a lot more common than directors realise. This is usually the case due to an administrative slip or a director believing that the company had fulfilled its purpose or was no longer required.

Circumstances can change; this is where Company Restoration comes in.

Company restoration can be known as “reviving a company” that has been legally dissolved. The process can seem complicated at first glance, however, with the right approach, it can be quite straightforward.

Why restore a company?

There are a few common reasons why directors may wish to restore a company:

• You’ve discovered an asset, for example a property which the company owned.
• You need to sort out a legal issue, either against or on behalf of the dissolved company.
• The company is still trading and the strike off was an administrative error.

No matter the reason, restoration essentially “rewinds the clock” on the issue. Your company will be placed back on the register as if it had never happened.

There are two main routes to getting your company reinstated.

Administrative restoration

This is the first main route is administrative restoration, and this option is only available if:

• The company was struck off the Registrar under certain sections of the Companies Act.
• The application is made no more than 6 years from the date of dissolution.

Even if a company meets the above criteria, the below must be satisfied in order so the Registrar can restore the company:

• The company was carrying on business or was in operation at the time of its striking off.
• There is no objection by the Crown, in cases where any property or right of a company that has vested in the Crown as bona vacantia.
• The applicant delivers to the Registrar all documents that are necessary to ensure that the records are up to date, for example bringing all accounts up to date.
• The company pays any outstanding penalties.
• The directors remain the same as before dissolution.

Court restoration

The second route can occur when your company does not meet the above criteria. A Court application will need to be issued to “revive” the company.

The application will need to be filed at Court no more than 6 years after dissolution.

Usually, the process involves filing a short claim, notifying the relevant government departments and waiting for the Court to make an order. Once this is done, the company will be restored on the register.

How we can help

We take care to make the process as smooth as possible to assist you in restoring your company. We will advise you on the route forwards, fill out the relevant documents, file the Court papers to restore your company and advise as to the necessary steps thereafter. Ready to restore your company? Contact our team today to begin the process with confidence.

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