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Administrative restoration for a struck off company

Apply now to restore a struck off company - company restoration application form (PDF file - 189kB)

From 1st October 2006 there is a new provision for the restoration of a struck off or dissolved company in certain circumstances. The Companies Act 2006 section 1024 allows for a new company restoration procedure known as Administrative Restoration, which will be used to supplement the existing Court power to restore companies. It means that the Registrar of Companies has the power to restore a struck off or dissolved company to the register under the circumstances listed below. The Court power will still exist for those cases where the Registrar cannot act.

Administrative Restoration for a struck off or dissolved company can only be used where the company was struck off after 1st October 2009 and:

  • the company was carrying on business / or in operation at the time of dissolution
  • the company has been struck off under sections 1000 or 1001 (power of registrar to strike off defunct company)
  • the application is made within a period of 6 years after the date of dissolution
  • the Crown has signified consent (bona vacantia issue)
  • the company has delivered all the necessary documents to bring the company up to date, i.e. all outstanding documents at the time of dissolution and any that have fallen due during the period of dissolution, and paid any relevant penalties under section 453 or corresponding earlier provisions (civil penalty for failure to deliver accounts) that were outstanding at the date of dissolution or striking off.

Application to be accompanied by statement of compliance

An application under section 1024 (application for administrative restoration to the register) must be accompanied by a statement of compliance.

The statement of compliance required is a statement:—

  • that the person making the application has standing to apply (see subsection (3) of that section), and
  • that the requirements for administrative restoration (see section 1025) are met.

The registrar may accept the statement of compliance as sufficient evidence of those matters.

Effect of administrative restoration

The general effect of administrative restoration to the register is that the company is deemed to have continued in existence as if it had not been dissolved or struck off the register.

Full details of Companies Act 2006 , Sections 1000-1034 - Striking off , dissolution and restoration of companies

Apply now to restore a struck off company - company restoration application form (PDF file - 189kB)

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