Formations Direct Ltd – struck-off and dissolved company restoration
Apply now to restore a struck off company - company restoration application form (PDF file - 189kB)
Why was my company struck off?
Either it was requested by the directors or the Registrar of Companies had reasonable grounds to believe that the company was no longer carrying on in business. Failure to submit an annual return is a common reason for strike-off.
What happens to my business now?
The cash and assets of the company transfer to The Crown or Duchy of Lancaster / Cornwall and effectively the business has been terminated and cannot continue to trade legally. If trading continues prior to restoration the directors are personally liable as there is no longer a company through which to conduct trade. After restoration it is as if the company had never been struck off. The repercussions of trading in the name of a dissolved company can be far-reaching.
My bank account is frozen – how do I get my money?
You need to apply to have the company restored if the cash exceeds £3,000 and you wish to recover it all. For recovery of up to £3,000 an ex-gratia payment permission may be obtained from The Crown.
I am trying to sell a property – how do I proceed?
You will need to apply to restore the company, either to continue trading or for the purpose of the property disposal only. You may need to give undertakings at the behest of the court.
Do I need to go to court to restore my company?
You do not need to appear personally in the vast majority of cases but for a full company restoration it is necessary to apply to the courts for permission. Administrative restorations and ex-gratia payments do not involve the courts.
Do I require a solicitor to restore my company?
A full company restoration will usually require the input of a solicitor, which is part of the service offered by us.
How long will it take to restore my company?
Typically it takes around 8 – 12 weeks for a full company restoration and 2 - 4 weeks for an administrative restoration , but these timescales are for guidance only. These timescales are dependent on having accounts and annual returns up to date and accepted by Companies House. In some circumstances we can make a personal court attendance which may speed the process up by several weeks. There is an extra fee of £325 plus VAT for this service and we will attend as many times as is necessary up to 4 visits until the restoration is complete.
Do I need to file accounts to restore my company?
Only if a company is to continue trading.
Is it worthwhile trying to restore my company?
The fees (excluding Vat where applicable) are as follows:
||Note 1, Note 3
|Ex-gratia Asset Release Application
Note 1 : Add court fees, treasury solicitor fees and legal fees totalling of £595. For registered office in Cornwall or Lancashire add Duchy fee of £125. Please be aware that if after the company is restored it wishes to continue trading late filing penalties and annual return fees levied by Companies House will be payable after the restoration is complete.
Note 2 : Add Companies House fee of £100 and bona vacantia fees not less than £79 and not more than £125 depending on situation of registered office. In all cases add late filing penalties and annual return fees levied by Companies House are payable as part of the administrative restoration procedure.
Note 3 : In some circumstances for a full restoration we can make a personal court attendance which may speed the process up by several weeks. There is an extra fee of £325 plus VAT for this service and we will attend as many times as is necessary up to 4 visits until the restoration is complete.
Can I set up a new company with the same name as the struck-off company?
Yes, if the name is still available.
I want to strike off my company – what do I do?
Complete the relevant application form (DS01) at Companies House . Please be aware that this is involves a declaration that the company has no creditors.
I struck my company off by mistake – can I restore it?
Yes. If the company was still trading at the time of strike-off you can apply for an administrative restoration. If it was not trading it will require a full restoration.
Somebody has used the name of my struck-off company - can I get it back?
If the name is no longer available you will need to use another name going forward.
What does "bona vacantia" mean?
Bona vacantia means that an asset is without ownership. In the case of a company it means that the assets pass to the Crown (or Duchies of Lancaster / Cornwall as appropriate depending on situation of registered office)
Is there a time limit for restoring a company?
For Companies struck off before 1st October 2009 the time limit is the later of 20 years from the date of the strike off and 1st October 2015. For Companies struck off after 1st October 2009 the time limit is 6 years. In certain circumstances, for example a personal injury claim, the time frame may be longer. For administrative restorations the maximum time limit is 6 years.
How do I commence the company restoration procedure?
Please complete the application form (PDF file - 189kB) and send it to us then we can commence the application.