How to apply to court to restore a company to the register
Q. When is it appropriate to apply to court to restore a company to the register?
A. If the company was undergoing an insolvent event before being struck off the register then this is the appropriate procedure.
Q. Who can apply?
A. The following groups may apply to court; any former director or member (shareholder) of the company, any creditor of the company at the time it was struck off, any person who would have been in a contractual relationship with the company, any person with a potential claim against the company and any person who the court believes has an interest. This is not an exhaustive list.
Q. What conditions apply?
A. One of the following conditions must be met; 1) the company was dissolved following winding up 2) the company was dissolved following administration 3) the company was dissolved under the power of the registrar to strike off a defunct company or there was a voluntary strike off.
Q. Are there any time limits?
A. Yes. The application must be made within 6 years of the date when the company was dissolved (except in the event that there is a personal injury claim).
Q. What procedure must be followed?
A. A part 8 claim must be made at court via an N208 claim form. You must also file a witness statement by way of evidence in support of the application. Once issued at court a copy must be served on the Registrar of Companies and the Treasury Solicitor.
Q. What is the court fee?
A. The court fee applicable is £308.
Q. What is the effect of restoration?
A. The company is deemed to have continued in existence as if it had not been dissolved or struck off.
Q. Do I need to instruct a solicitor?
A. An application to the court for company restoration is a rather lengthy and particular process; as such it is advisable that a solicitor is instructed.
Q. Can mfg help me?
A. Yes. For further information and advice you can contact Samuel Pedley on 01562 516119 or samuel.pedley@mfgsolicitors.com.
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