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Restoration

If your company has been struck off, dissolved, or had its assets frozen, we will try get your Company back on the Register in the shortest possible time with the least legal hassle and cost to you.

Most companies are struck off without their knowledge for failing to file annual returns or accounts. This may be due to forgetfulness or delay, but it is often simply because the trading address of the company has changed without also changing its registered office address.

All you need to do is to instruct us and we will do the rest, including completion of all forms, legal documents and attending legal hearings on your behalf.

Administrative Restorations
Administrative Restorations were introduced on 1st October 2009 by the Companies Act 2006. If a company has been struck-off by the Registrar of Companies, usually for failing to file Accounts or Annual Returns, it may be eligible for an Administrative Restoration.

Administrative Restorations do not involve an application to the Court but do require that all outstanding Companies House filings are made and any late filing penalties are paid in full before the company can be restored, and confirmation that the company was trading at the time of strike-off and will continue to trade after restoration.

It is also necessary to apply for Crown Representative waiver, as all the assets of a struck-off company vest in the Crown. If that company wishes to continue in business, it’s not as simple as just incorporating a new company – the original company must be restored. Otherwise, purporting to deal with any assets of a struck-off company – e.g. debts due, stock, leases, premises or even goodwill – may be an offence. We have long experience of quickly and efficiently obtaining Crown Representative waivers without which Administrative Restorations are not possible.

Court Restorations
Company restoration by Court Order is required when the company itself has applied to be struck off, or is not eligible for an administrative restoration or wishes to be restored for a limited purpose and will be struck off again.

Sometimes companies themselves apply to be struck off but neglect to first transfer out assets held by the company, such as bank balances or title to property. It may also come to light that an asset such as overpaid VAT, a dividend in a liquidation or a long delayed insurance claim payout is due. In such cases a company will usually want to be restored to the register. We also have experience restoring companies for the purpose of pursuing personal injury claims or for recovery of post-liquidation assets.

 

 

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+ 44 (0) 20 8881 8686

+ 44 (0) 20 8881 8688

info@bachaglobal.com

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