Company Restoration: How to Restore a Dissolved Company?

There are different ways to restore a dissolved company. It is crucial for directors and shareholders in England and Wales who wish to revive their business and resume operations to seek legal advice straight away. Company restoration not only reinstates the legal status of the dissolved entity but also allows for the continuation of contracts, relationships, and assets.

How You or Your Business Can Restore a Dissolved Company

When a company is dissolved, there are two avenues for its restoration: Administrative Restoration and Company Restoration by Court Order. We explain the key criteria for both applications below:

Administrative Restoration

This is a relatively straightforward process to restore a dissolved company which involves submitting a Form for administrative restoration to the register (RT01), paying the necessary fee and submitting the missing company accounts and annual returns.

It is important to note that a former director or shareholder must submit the above application, the company must be struck off the register primarily due to non-compliance and the dissolution of the company occurred in the last 6 years.

Company Restoration by Court Order

For this process, an application form is insufficient and a formal Part 8 Claim needs to be submitted to the High Court along with supportive evidence to restore a dissolved company. The applicant for the Court applicant can be:

• A former employee.
• Anyone with business dealings with the company.
• Anyone who the company owes money.
• Anyone who intends to submit a claim against the company.

The applicant will need to pay a Court Fee for the Part 8 Application, a fee to the Registrar of Companies, Treasury Solicitor and any other third party. There are multiple stages for the Court application which are shown in this link on Companies House Website. We would suggest seeking independent legal advice before submitting such an application.

Frequently Asked Questions

How Long Does It Take To Restore a Dissolved Company?

The time frame for company restoration can vary depending on various factors. Typically, the process takes around 8-12 weeks from the date of submission of the restoration application to the High Court, obtaining the Order to restore the company and waiting for Companies House to restore the company on the Companies House Website.

It is important to note that this estimate can be affected by the complexity of the case, any outstanding obligations, the responsiveness of the involved parties and the Court dealing with the Part 8 Application. Working with a company restoration solicitor can help expedite the process and ensure a smoother restoration journey.

Can a Company be Restored After Liquidation?

Yes, it is possible to restore a company after liquidation. In fact, the process of restoring a company after liquidation follows a similar set of steps as restoring a dissolved company. However, it is crucial to distinguish between voluntary liquidation and compulsory liquidation. If the company underwent voluntary liquidation, restoration is generally more straightforward and can be initiated by the directors or shareholders. On the other hand, if the company was subject to compulsory liquidation initiated by creditors or the court, additional steps and considerations may apply.

What Happens When The Application to Restore a Dissolved Company is Successful?

When a company is successfully restored by Court Order, or on the Companies House Website, it regains its legal existence and is reinstated to the company register. The implications of restoration vary depending on the circumstances and the duration of dissolution.

Generally, the company can resume its business activities, continue contracts, recover assets, and operate as before. However, it is important to note that during the period of dissolution, certain consequences may have occurred, such as the termination of contracts or the loss of assets. Restoring the company does not automatically reverse these consequences. Therefore, it is advisable to conduct a thorough assessment of the company’s position and consult with a company restoration lawyer or solicitor to address any legal or operational issues that may arise post-restoration.

Conclusion

Restoring a dissolved company is a vital process for directors and shareholders aiming to revive their business and regain its legal status. We have addressed some common questions related to company restoration, including the time frame, restoration after liquidation, and different types of applications to restore a company. Seeking the assistance of a knowledgeable and experienced company restoration lawyer or solicitor is highly recommended to navigate the legal complexities and increase the chances of a successful restoration.

Contact Us

Our team is dedicated to delivering tailored solutions that align with your specific circumstances and legal requirements. We prioritise your interests and aim to provide a seamless experience, ensuring a swift and successful resolution to your eviction matters.

If you need help with restoring a company, please contact the team at Anwar Legal by completing the Contact Us Form or email us at hello@anwarlegal.co.uk

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