www.limited-company-restoration.co.uk
Limited Company Restoration
Tel - 01273 831891
Fax - 01273 835282
Limited Company Restoration is a trading style of
Brighton Company Formations Limited
WHAT HAS HAPPENED?
The Registrar of Companies can strike a company off the Register if it has failed to comply with the statutory filing requirements or the company itself applied to be removed or struck off the Register.
If a company has been removed or struck off the Register of Companies an application can be made to restore the company to the Register.
The application has to be made by a member.
Regrettably, if the company was been wound up by a liquidator we are unable to assist and advice should be sought from an Insolvency practitioner.
The Companies Court can grant an order consenting to the restoration of the company if all parties involved in the restoration agree. We will, initially, always attempt to obtain the consent of all parties but if the consent is not obtained then we will instruct a solicitor. However you will be notified first and advised of the increase in costs.
WHAT WE DO
- A claims notice and witness statement will be drafted and forwarded to the named member for approval and signature.
- The signed claim form will be issued and served on the Treasury Solicitor and Registrar Of Companies.
- We will advise what documents require to be lodged with the Registrar of Companies. These must be filed before the Court hearing.
- We will prepare the evidence of service and obtain the consent order from the Treasury Solicitor and then serve the consent order on the Registrar of Companies.
- We promise to liaise with the client requiring the restoration regularly and providing regular updates on the restoration.
WHAT IT COSTS
The cost of restoring a company is;
- Court costs on issuing the claim form (currently£135)
- Treasury solicitor costs normally £300 but can increase if the restoration is complex or there are delays and adjournments such as the failure to lodge outstanding documents before the Court hearing
- The Registrar is very likely to issue late filing penalties relating to accounts that were overdue for filing at the date the company was struck off.
- If the registered office of the dissolved company was situated in Lancashire or Cornwall at the date of strike off then there will be an extra charge of £125 + vat payable to the Duchy of Lancashire or Cornwall as appropriate.
- Our fees are in the range £300 to £750.
- We do ask that our fees and disbursements be paid before we start the restoration.
CHANGES TO COMPANY RESTORATIONS FROM 1 OCTOBER 2009
From 1st October 2009 the Companies Act 2006 will introduce the following changes to company restorations.
-The time limit for an application to be made to restore a company will be reduced from 20 years to 6 years
-The concept of an ‘administrative restoration’ is introduced. This means that an application can be made directly to Companies House and does not require an application to the Court. The company must have been trading at the date of strike off and an undertaking must be given that the company will continue trading after restoration. This administrative restoration therefore applies if a company was dissolved because its accounts were not filed, hence the phrase administrative.
If a company completed form 652 for a voluntary strike off then an application would still need to be made through the Courts.
-A director and member of the dissolved company must make the application for either an administrative restoration or an application through the Courts. This is because the dissolved company may have had no company secretary when it was struck off. The appointment of a company secretary became voluntary as at 6th April 2008.
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