Court Order Restoration
How We Work:
- Upon the receipt of your instructions we carry out a search with the Registrar of companies to establish the details of the company officers, shareholders and any other facts that may be relevant to the case.
- We prepare a claim form and a statement of truth explaining the circumstances that led to the dissolution of the company. A shareholder of the company will be asked to sign these documents.
- We make a court application to the High Court in London. This is quicker than applying to a District Court.
- We serve the court application on Companies House and the Treasury Solicitors.
- We deal with all queries arising from the application and liaise with the Court, the Treasury Solicitor and Companies House at every stage of the process and give you a complete professional service.
- Once the High Court has given its approval a copy of the Court Order is sealed and served on Companies House who then restore the company.
- Our efficient service means that your ‘hassles’ are minimized.. You have to do three simple things:
- Instruct us by completing the attached application form.
- Sign the claim form and witness statement and promptly return to us.
- Sign further documents at final stage of the procedure and return them promptly.
- Professional consultation with the client to establish the circumstances.
- Careful preparation of claim form and witness statement to make it a smooth problem free restoration.
- Personal delivery of documents at the Central London County Court.
- Fast turnaround of documents.
- Regular updates of the case by email.
Make use of our professional advice.
Who can Apply?
An application pursuant to Section 1029 of the Companies Act 2006 may be made by;
- The Secretary of State,
- any former director or member of the company,
- any person having an interest in land or asset in which the company had a superior or derivative interest,
- any person who but for the company's dissolution would have been in a contractual relationship with it,
- any person with a potential legal claim against the company,
- any manager or trustee of an employee pension fund
- any former member, or their personal representative(s), of the company,
- any person who was a creditor of the company at the time of its striking off or dissolution,
- any former liquidator of the company,
- where the company was voluntarily struck off the register, any person entitled to the notice of application or
- any other person appearing to the court to have an interest in the matter.
Is there a time limit?
Except in cases of personal injury you must make the application within 6 years of the date of dissolution.
If you are in doubt as to whether you are eligible to apply for a company restoration, please call us on 020 8 568 6785 for advice.
Where is the application made?
We make the application to the Central London County Court which is authorised to cover all areas in England and Wales .
Can I strike off a company after it is restored?
Yes. Usually, the reason for restoring the company is to release assets or carry out some other legal claim. After you have released the asset or achieved any other objective you mentioned in the Witness Statement you can apply for a voluntary dissolution of the company by filing form DS01 with the registrar of companies.
Will I have to submit accounts?
This depends upon the circumstances. If the intention is to strike the company off after releasing the assets and if this was initially stated in the Witness Statement you will not need to submit accounts and annual returns. If you intend to maintain the company on the Register to either continue business or maintain it on the Register as a dormant company, all outstanding accounts and annual returns will have to be submitted.
Will I have to pay any penalties?
However if applicable each annual return/confirmation statement filed, will be subject to the Companies House filing fee of £40, but will not have any penalties attached to them. Late filing penalties will apply on outstanding accounts depending on the length of delay as shown in the table below. For accounts delivered on company restoration, the period during which the company was dissolved is normally disregarded.
What is the cost?
Using our professional service the cost of company restoration by court order is £988.00 including the fee payable to the treasury solicitor and the Court. This amount does not usually increase but the fee demanded by the treasury solicitor can occasionally increase. Additonal fees may apply if a statement of solvency or an application to recover funds from the Crown is required.
Which areas fall under the jurisdiction of Duchy of Lancaster and Duke of Cornwall?
Cornwall, Lancashire, Greater Manchester, Merseyside, Stockport, Cheshire and Cumbria.
Can I trade with the company after it is restored?
It depends upon the circumstances. The activity that the company is allowed to carry out after restoration is strictly determined by the Witness Statement drafted at the time of application to the Court.