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Our Litigation & Disputes solicitors advise upon and undertake both methods of company restoration and will deal with the recovery of assets.
Once a company has been dissolved it is no longer able to trade. It is struck off the Register of Companies and no longer legally exists. Any bank accounts belonging to the company become frozen. Assets owned by that company become Bona Vacantia (i.e. “vacant goods”) and pass to the Crown.
To be able to regain assets, the company needs to be restored to the Register of Companies. There are specific procedures and processes to follow. The Treasury Solicitor handles all such matters on behalf of the Crown.
A company can be restored in two ways: Administrative Restoration or Restoration through a Court Order.
Administrative Restoration
A company may only be restored to the Register of Companies by this method if it was struck off by the Registrar of Companies whilst it was carrying on business. This method does not apply to companies struck off at their own request. There are restrictions in place as to who can make the application and there are strict time limits that will apply. Our Litigation & Disputes lawyers will advise you accordingly.
Restoration by Court Order
If the company does not meet the requirements for administrative restoration then the company will need to be restored by Court Order. This method can be used by those seeking to restore a company following a voluntary dissolution that would have taken place by a Director or member of the Company filing a DS01 form and/or are seeking to recover frozen monies/assets (held with the Crown) and not wishing to continue trading.
Our Litigation & Disputes lawyers assist clients with both methods of company restoration and will deal with the associated recovery of assets, where relevant.
W Davies Solicitors (Registered Office)
Acorn House
5 Chertsey Road
Woking, Surrey
GU21 5AB
W Davies Solicitors – London Office
Hamilton House
1 Temple Avenue
London
EC4Y 0HA
