Company Restoration

How to restore a UK company? (Guidance for the procedures)

The process to restore a UK company can be carried out by any company officers or person with interests (ie shareholders) in the company on through an administrative restoration process without application to the court to restore the company. A company has been dissolved for more than six years must apply for a court order to assent to the company restoration.

The Advantages for restore a UK company?

• Able to retain the original company registration number;
• The restoration process of the dissolved company may be able to safeguard or even boost its business reputation; and
• Businessmen and corporate to trade with an “aged” company (Bascially a company which has been incorporated some years ago.

Restoration vs. New Company Registration

Many people have questioned as to whether they should carry out the process to restore a UK company or to incorporate a new company. It is true that it cost less to incorporate a new company but several issues which need to be addressed as for the advantages for restore a UK company:

• A new company with the same business name which was used in the dissolved the company is not recognized as the same as the dissolved company either in the eyes of the law, government authorities and other business traders/companies;
• the assets of the previously dissolved company still remain beyond reach unless the process to restore a UK company to the Register at Companies House is followed.

What need to be aware of when carry out the process to restore a UK company:

Clients should made aware that carry out any trading activities prior the starting of the company restoration or at pre-completion stage of the company restoration can lead to serious legal repercussions, including personal liability for “company” debts and liability under the Companies Act 2006 and other contractual issues with third parties.

(i) Voluntary Administrative Restoration:

Voluntary Restoration is appropriate for companies if it was struck off the register and dissolved by the Registrar of Companies.

Our service includes:

• Obtain the legal consent of the Treasury Solicitor to the restore the company; and
• Prepare and file the restoration application and associated documents at Companies House

Our fees: £550

£50 per annual return and annual account filings – (if the company intends to carry out any trading after the company is restored back to the Register)

*Subject to our Company Standard Terms and Conditions

(ii) Restoration By Court Order:

Restoration by court order is appropriate for companies if: –

• you did voluntarily apply to have your company struck off; or
• The company has been dissolved for more than six years.

Our service includes:

• Prepare legal drafting of the Claim form and Witness Statement to be submitted to the English companies court
• Prepare evidence to the Treasury Solicitor to obtain a Waiver Letter
• Prepare the Draft Order and Witness Statement (2) exhibit the waiver letter issue by the Treasury Solicitor; and
• Prepare and file the restoration application and associated documents at Companies House.

Our fees: £1550 (excludes court fees for the submission of Claim form and Witness   Statement) (VAT applicable)

£50 per annual return and annual account filings – (if the company intends to carry out any trading after the company is restored back to the Register)

*Subject to our Company Standard Terms and Conditions

Please send us an enquiry for further detailed information about the service.

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