Ireland Company Restoration
Do you need your company restored to unfreeze assets or continue trading? Contact us for an expert and reliable Ireland company restoration.
The most frequent purpose for an Ireland Company Restoration is to recover an asset(s) such as property or cash at bank. Following a company dissolution, we can restore your Irish company through Administrative or High Court Company Restoration depending on the circumstances surrounding the company’s strike off. If the company was struck off the register less than 12 months ago it can be restored through administrative restoration, if it was struck off over 12 months ago a Court order will be required to restore the company to the register.
Consequences of Company Strike off
The consequences of company Strike Off/Dissolution are:
- The company ceases to exist as a legal entity
- The company’s bank account is frozen
- If it continues to trade, its shareholders and directors are trading without the protection of limited liability and the directors may become personally liable.
- Any property owned by the company, prior to strike-off, ceases to be an asset and cannot be sold by the company.
- The company’s assets are vested in the Ministry of Finance and therefore become the property of the State, by virtue of Section 28 of the State Property Act 1954
High Court Restoration
A company which was struck off the Irish register over 12 months ago must apply for an Irish company restoration through the Court Order process. An Irish company cannot be restored if it was dissolved over 20 years ago.
Presuming the company fits these criteria an application along with all outstanding penalties and corporate documents can be made to the Irish high court by a director, shareholder or creditor of the company.
We are an authorised companies registration agent and can apply on your behalf to have the company reinstatement to the company registry. First we are must be appointed as company secretary or joint company secretary to carry out the necessary procedure .
The timescale and format of your High Court company restoration are dependent on the grounds surrounding your company’s dissolution. The timescale for an Irish Court Restoration is between 3 and 6 months.
Court Order Company Restoration Process
- All outstanding accounts, corporate documents and annual returns must be certified and submitted to the Companies Registration office in accordance with the Irish Companies Act
- A secretary, director or shareholders of the company must accompany a solicitor and Barrister to the high courts to submit the affidavit and petition to have the company restored
- Letters of no objection must be obtained from all necessary governing bodies and authorised personnel, including the Revenue Commission and Chief State Solicitor office.
- A press release made in a local gazette that the company is going to be restored
Our Company Restoration Services
Using our expert service avoids the potentially costly risks of rejection by either the Irish company registry or the high courts. We complete the following tasks to guarantee a successful Irish company restoration:
- Submit the required Annual Returns and assist with the Accounts.
- Deliver an official copy of the Court Order restoring your company, together with the required filing fees, to the CRO for re-registration as soon as it is available from the Court Office.
- Organise and ensure that all restoration orders are lodged on time with the necessary departments and Judges
- Our solicitor will prepare an affidavit setting out the facts surrounding the dissolution of your company and prepare a petition seeking the restoration
- Prepare documents to be sworn before a Commissioner for Oaths by a director or secretary of the company
- Obtain a letter from the Chief State Solicitors Office, on behalf of the Minister for Jobs, Enterprise and Innovation, and the Revenue Commissioners, stating that they have no objection to the restoration
- Organise a date for the hearing in the High Court
- Our Solicitors, accompanied by a barrister attend the High Court and present the affidavit and petition, the judge then grants the petition for the restoration of your Irish company.
After the High Court HearingTwo weeks after the High Court Hearing the Court Office issues the order restoring your company, we deliver immediate confirmation to the Companies Registration Office. The registrar then amends the records, a day later your Ireland company restoration is completed and all assets will be returned to the company’s name and the company returns to a state of good standing.
Administrative Company Restoration
If your company is struck off the register less than 12 months ago, an Administrative Restoration can be completed. Administrative Company Restoration requires the submission of an application to the Irish Registrar of Companies along with all outstanding corporate documents such as; annual returns and accounts.
We oversee the entire company restoration process to ensure all requirements are met for a successful restoration. If your company was struck off over 12 months ago you will require a high court company restoration.
Timescale to Restore an Irish Company
Administrative company restoration take around 1 week to complete. The timescale may differ depending on the circumstances surrounding the company’s strike off and may be rejected by the registry in certain cases.
If you require a faster restoration we can provide a fast track service to have the company restored within a few days of application. Although there are additional fees for this service.
Ireland Company Restoration Enquiry
Simply complete our Ireland company restoration form for a detailed breakdown on restoration prosecutor, timeframe and fees.