How to make an administrative restoration
Q. What is administrative restoration?
A. Administrative restoration is where you follow a process which involves liaising with Companies House to restore a dissolved company to the register. An application to court is not necessary.
Q. Why restore a company?
A. You may want to restore a company for one of the following reasons;
1) The company has been struck off for failing to file annual returns and accounts, but its business continues to trade.
2) The company has been struck off. However, there is an unresolved claim against it.
3) The assets of the company vested with the crown as a result of the company being dissolved and those assets need to be transferred to another entity.
Q. Who can apply for administrative restoration?
A. You can only apply if you were a director or member (shareholder) of the company at the time when the company was dissolved.
Q. Are there any time limits?
A. Yes. The administrative restoration must be within 6 years of the date when the company was dissolved.
Q. Are there any conditions?
A. Yes. Administrative restoration may only take place where; a) the company was carrying out business when it was struck off, b) the Crown’s representative consents in writing to the Registrar to the companies restoration, known as a “bona vacantia waiver letter”, c) any costs demanded are paid to the Crown’s representative d) all documents to bring the company’s records up to date are delivered to the Registrar, e) any penalties for failure to deliver up accounts are paid.
Q. What is the procedure involved?
A. The application must be made by a set form with a statement of compliance to the Registrar and a £100 fee is to be paid to Companies House.
Q. Can mfg assist me?
A. For further information and assistance regarding administrative restoration please contact Samuel Pedley on 01562 516119 or samuel.pedley@mfgsolicitors.com.
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