WHAT DO WE DO

There are two main reasons why companies are struck off the Register of Companies:

  1. The required documents, such as accounts or annual returns have not been filed at Companies House, or
  2. A form 652A or DS01 has been filed at Companies House by the director to strike off the company.

If a company has been removed from the Register of Companies, an application can be made to restore it. The application can be made either as a Restoration by Court Order or as an Administrative Restoration.

We are able to restore a company either by restoration by Court Order or by Administrative Restoration. More information on these processes is set out below.

The only instance in which we cannot help is if the company has been wound up by a liquidator. In this case advice should be sought from an Insolvency practitioner.

We do not act in situations where a company is to be restored solely for the purpose of recovering a bank balance of £3000 or less, and the Treasury solicitor should be contacted directly as a shortened restoration procedure is available.

Restoration by Court Order – Director applied to strike off the company by filing form 652 or DS01

  • A claims notice and witness statement will be drafted and forwarded to the claimant 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 will liaise with the client regularly, and provide updates as and when we have any new information about the progress of the restoration.
WHAT IT COSTS

The cost of restoring a company by Court Order is

  • Court costs on issuing the claim form (currently £160)
  • Registrar of Companies costs are 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 will issue late filing penalties relating to accounts that were overdue for filing at the date the company was struck off
  • For each annual return that is overdue the filing fee is either £15, £30 or £40 depending on the date that the annual return was due
  • Occasionally the company may be required to change its name change its name on restoration and if this is the case the cost of a name change is £10
  • If the registered office of the dissolved company was situated in Lancashire or Cornwall at the date of strike off then there will be a charge of £125+VAT payable to the Duchy of Lancashire or Duke of Cornwall as appropriate.
  • Our fees are £350+VAT.
  • All fees and costs correct as at 15th April 2011

ADMINISTRATIVE RESTORATION – Company struck off because accounts, annual return or another document were not filed.

  • The appropriate legal documents and statement of compliance will be drafted and forwarded to the claimant for approval and signature.
  • The signed documents will be served on the Treasury Solicitor and Registrar Of Companies.
  • We will advise what documents require to be lodged with the Registrar of Companies. These documents must be submitted to the Registrar at the same time the statement of compliance and other legal documents are submitted
  • We will liaise with the client regularly, and provide updates as and when we have any new information about the progress of the restoration.
WHAT IT COSTS

The cost of restoring a company via an Administrative Restoration is:

  • Registrar of Companies costs will be £100
  • The Registrar will issue late filing penalties relating to accounts that were overdue for filing at the date the company was struck off
  • For each annual return that is overdue the filing fees is either £15, £30 or £40 depending on the date that the annual return was due
  • Treasury Solicitors costs will be £69.
  • 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 Duke of Cornwall as appropriate. This replaces the Treasury Solicitors costs of £69
  • The Registrar will require the payment of any late filing penalties and annual return filing fees.
  • Our fees are £175+VAT.
  • All fees and costs correct as at 15th April 2011
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