There are a number reasons why Limited Companies get struck off the Registrar’s Index;
- Failure to file Annual Returns on time.
- Failure to File Accounts on time.
- By filing Form 652a or DS01 requesting it be struck off.
- Winding Up - Liquidation
- Court Order
|
If a company is struck off without being properly wound-up or liquidated any assets such as money in the bank, property or assets become what is known as Bona Vacantia which means the assets pass to the Crown. Generally however, the Crown will have no interest in the Company’s assets and will not seek to dispose of them.
There are two methods of restoration.
Administrative Restoration
This method is only suitable where a company is a going concern and intends to continue trading after restoration. Although this method is quicker, it can be achieved in under four weeks, it can also be more expensive because the Registrar’s condition of Restoration is that the company files all missing Annual Returns and Accounts and pays the resulting late filing penalties. Late Filing Penalties. It is no always possible to restore a company back to its original name therefore an alternative name may be required.
| The fees associated with a typical Administrative Restoration are; |
| Our fees are |
£360.00 including vat. |
| Treasury Solicitor fee |
£ 64.00 including vat |
| Registry Fee |
£100.00 no vat |
| Total |
£524.00 |
|
The information required for an Administrative Restoration is;
- Company name and number
- When was it struck off
- Why was it struck off
- An alternative name it can be restored under if the previous name is no longer available.
|
|
We will apply for the Bona Vacantia Waiver Letter from the Treasury solicitor, advice on the documents required to bring the public file up to date and appropriate fees and fines if applicable, advice on alternative names if necessary and file at Companies House all documents as required.
Call Bob Kelford on Tel; 020 7377 0381
Restoration through the Court
This method is most commonly used to recover assets after a company has been voluntarily struck off but there has been a failure to clear funds from a bank account, or there is still property held in the company’s name, or where there are still tax liabilities or potential refunds to be obtained. The procedure takes longer but where the sole purpose of restoration is the recovery of assets and the company will then apply to be struck off again, then the Registrar of Companies will not insist as a condition of restoration, that the company brings up to date its filing requirements and pays the resulting fines. If however the company is to be reactivated, all missing Annual Returns and Accounts will have to be filed and penalties paid.
| The fees associated with a typical Court Restoration are; |
| Our fees are |
£610.00 including vat. |
| Court fee |
£280.00 no vat |
| Companies House fee |
£300.00 no vat
(this can increase if there are adjournments) |
| Total |
£1,190.00 |
|
The information required for a Restoration through the Court is;
- Company name and number
- When was the company struck off
- Why was it struck off
- What is the purpose of restoration
- Who will sign the Witness Statement and Undertaking to the Court
- An alternative name it can be restored under if the previous name is no longer available.
|
|
We will deal with all formalities and prepare the Companies House and Court forms, Witness Statements, Undertakings where appropriate, correspondence and attend personally the High Court in London to present and collect documents.
The circumstances of a Company Restoration can vary, such as the location of the registered office which may mean it is necessary to apply to the Duchy of Cornwall for example and the fees and timing will be different, therefore please discuss the matter with us first to get the best free advice.
Call Bob Kelford on Tel; 020 7377 0381 |
