UK Company Restoration
Do you need your company restored to unfreeze assets or continue trading? Contact us for an expert and reliable UK company restoration.
Over the last 20 years, we’ve restored hundreds of companies for our clients based all over the world. You can benefit from our experience in the UK company restoration sector. We will restore your company to the register as quickly and efficiently as possible. Law firms and accountants frequently use our service because of our proven track record.
We hand deliver all court documents to save time for our clients this can reduce the estimated time for a court restoration. We operate on fixed fees and being specialists in restoring and incorporating companies, we are readily able to assess the full scope of the work required at the outset.
We can help
The way to get started is to complete our online company restoration enquiry form (on the left of your screen) and we will provide you with a fixed fee and a timescale for your company restoration.
Only a company that has been dissolved within the last six years can apply for restoration to the Register in the UK (s. 1030 Companies Act 2006). If your company has been dissolved for more than six years it unfortunately cannot be restored.
How does a company get dissolved?
A company tends to be struck off the Companies Register by Companies House when statutory documents such as accounts and confirmation statements are not filed on time;
What happens to a company once it has been struck off?Once a company is struck off, any assets it owns pass to the Crown as Bona Vacantia and can no longer be accessed by the company or any shareholder or director. The company also ceases to exist as a legal entity, therefore it cannot trade, sue or be sued or enter into contracts. If the company continues to trade then the directors are at risk of personal liability for any debts incurred.
Reasons a company is restored to the UK Companies Register
There are many reasons clients come to us to restore a company:
- The company has title to an asset, money in a bank, or owns property
- The company has been struck off for failing to file confirmation statements or accounts, and wants to continue to trade
- They are a creditor and have a claim against the dissolved company and must take action against the company.
What is involved in restoring a company?
There are two ways to restore a company to the register at Companies House; Court Order Restoration or Administrative Restoration. The method is dependent on why the company was struck off, the reason for restoring it and the time since strike off.
Administrative Restoration can only be performed when the company has been struck off the register by the registrar within the last 6 years. If the company was struck off the register over 6 years ago, a court order restoration is required. If the directors made an application to have the company dissolved then an administrative restoration is not possible.
Court Order Restorations are more time consuming and complex than Administrative Restorations. It involves liaising with the Registrar of Companies, the Government Legal Department, the UK courts and in some cases liquidators.
Companies House will restore your UK company by administrative restoration if it was struck off the register by the Registrar of Companies. This must be carried out within a 6 year time limit from the date of dissolution. Applications are made by director or shareholder of the company.
All company records must be brought up to date at the registry, and payment will be required for any outstanding late filing penalties.
Our service fee will deal with the company restoration, there are also disbursements of:
- Companies House fee – We deal with everything for you including advising on requirements of Companies House and preparing the required statement of compliance
- Treasury Solicitor fee
- Late filing penalties – relating to accounts that were overdue for filing at the date the company was struck off
- Preparation and filing of outstanding documents
Once the application for restoring your company has been made we will continue to monitor and advise you of the progress and confirm when your company has been restored.
Court Order Restoration
When a company was voluntarily dissolved , directors, shareholders or creditors can apply for a court restoration.
Our UK court restoration service includes the following services:.
- Preparation of all paperwork this includes the waiver letter from Bona Vacantia
- Application at the High Court
- Compilation of evidence for the hearing including witness statements
- Representation at Court
- Claim form to the High Court and this has to be supported by the affidavit of a shareholder or director
- Service of the Court Order on the Registrar of Companies.
- It is not necessary for an applicant to attend court as we will appear on your behalf
- Once the application for restoring your company has been made we will continue to monitor and advise you of the progress and provide you with confirmation when your company has been restored
- The delivery of any statutory documents necessary to bring the company’s public file up to date
- The correction of any irregularities in the company’s structure
We can prepare the documents if you do not have the originals and prepare and file any outstanding Confirmation Statements and preparation and filing of the Directors Report and Accounts.
Disbursements will include:
- The Solicitors fees
- The Treasury Solicitors fees
- The Court fees and Commissioner for Oaths fees – and fees for dealing with the court application
- Preparation and filing of outstanding documents
To Continue TradingIf a UK company is to carry on trading the file must be brought up to date with all missing Confirmation Statements/ Annual Returns and Annual Accounts, and registry and penalty fees associated with them must also be paid to Companies House.
Company Restoration ProcedureIf the Treasury Solicitor and the Registrar of Companies then consent, this needs to be followed up with an Affidavit of Service exhibiting the Bona Vacantia letter and provided that everything is done in accordance with the Treasury Solicitor’s requirements and an agreement is given to pay his costs, the matter proceeds to a hearing at which representation is required before the Order is made.
Release UK Company Assets
When a UK Company is only being restored to release an asset, filing of Annual Returns and Accounts will not be required, but an undertakings by the applicant or directors of the company will have to be given to the Court agreeing to re-apply for striking off , within a specified time limit, once the assets have been released.
Flat Management CompaniesIf the dissolved company owned either the freehold or the master lease. In that situation the usual practice of the Treasury Solicitor is to offer to sell the freehold or the master lease to the tenants jointly, or to a new management company. In the case of leases with a period of at least 60 years to run, the price is ten times the total of the annual ground rents, subject to a minimum of £500 plus costs.
Transferring Registered Agent
We can provide UK registered office and any additional services required, once restored to ensure your company remains in Good Standing.
Company Directors and ShareholdersWhen your UK company is restored, the previous Directors, Company Secretary, Shareholders and Registered Office are automatically assumed to have continued.
UK Company Restoration Enquiry
Please complete our company restoration enquiry form for a quotation and timescale for a UK company restoration.