Company Restoration Solicitors - Restoring a company to the Register

Company Restoration Process

Have you owned, directed, or held shares in a company that has been dissolved or struck off the Companies House register?

Would you like access to bank accounts or assets that were previously tied into the company?

Unfortunately, this may not be possible until the company has been successfully restored in line with the Companies Act of 2006.

However, you can count on the support of Mounteney Solicitors, whether you’d like to restore a company for continued operation or reclaim your assets.

Read on to find out whether you have a case for company restoration then get in touch for advice and support tailored to your situation.


Reasons for Company Restoration

A company might be dissolved and struck off the company’s house register as a result of coming to the end of its intended life, failing to make statutory returns, or being wound up by the directors.

In any such event, the company will cease to exist, with its assets being passed to the crown under the category of “bona vacantia”, or “ownerless goods”. This will extend to leasehold property, but exclude property that is held on trust for a separate party.

Assets that may be passed to the crown include:

  • Property
  • Land
  • Mortgages
  • Shares
  • Intellectual property
  • Benefits of other assets or company agreements.

Such assets won’t have to be handled in a particular way. However, they will fall under the management of the Treasury Solicitor, with the common expectation that they will be sold for full value on the open market. The crown will not insure the property, insure any liabilities, or sell if it isn’t a cost-effective option.

Company assets and property will ideally be dealt with by the directors and shareholders before dissolution, thereby avoiding “bona vacantia”. Mounteney Solicitors are able to provide advice on the management of land and property at this stage.

Assets that are transferred to the ownership of the crown may be reclaimed either through restoration or by paying the going price.

The company will also have to be restored in the event that a third party or party pursuing legal action wants to secure such assets.

Mounteney Solicitors are able to support in either case, whether the intention is to keep on trading or to reclaim the assets.

No matter how well established or which sector your business is in, we promise a professional, prompt, and dependable restoration service.

Filing a Restoration Case with Companies House

A restoration application may be made through Companies House provided that:

  • You were a director or shareholder
  • The company was struck off the register and dissolved by the Registrar of Companies within the last 6 years
  • The company was trading at the time of dissolution.

If those criteria aren’t met then the company may only be restored as a result of a court order. This might also be the best choice if the sole aim of the restoration is to see the return of assets that were transferred “bona vacantia.”

If administrative restoration is a viable option then Companies House should be provided with a range of documents, including:

Mounteney Solicitors are able to guide and support you in the completion of the required documents for the best chance of a quick and successful restoration.


Submitting a Court Order

If the case made through Companies House is rejected then there may still be the option of applying for a court order or obtaining a discretionary grant (if you were a shareholder and need to claim some money back).

Such an order may specify that the company doesn’t have to continue trading following restoration, so the potential expense of filing outstanding accounts and penalties can be avoided.

In the first instance, the court order application should be made within 28 days of the Registrar’s decision, even where the period for applying to the court for restoration has expired.

This will also be the appropriate course if the company was subject to insolvency proceedings prior to being struck off or the company can’t be restored through Companies House.

A court order may be filed for restoration if:

  • You did business with them
  • You worked for them
  • They owed you money when they were dissolved
  • You’re responsible for their employee pension fund
  • You have a shared or competing interest in land
  • You were a shareholder or director when it was dissolved

The court order application process will involve filling out a claim form, which is to be sent to the closest registered office that deals with bankruptcy. With well over a decade of specialist legal experience, you can count on the guidance and support of Mounteney Solicitors.

This claim form must be filed along with a witness statement including details specified in section 4 of the Treasury Solicitor’s guide to company restoration and a £280 court fee.

If the claim is successful then you’ll be sent confirmation of the court’s order to restore the company. This must be sent and processed by Companies House for the company to be restored.

Any assets that haven’t been disposed of by the Treasury Solicitor will then be returned to the company. Otherwise, the Bona Vacantia Division will compensate the amount made in selling the assets following the deduction of costs incurred in the sales.

Restore a Company with Mounteney Solicitors

As a leading law firm, Mounteney Solicitors have considerable experience in the restoration of companies both via Companies House and the Crown Court. With expertise that are unsurpassed in the legal sector, we are able to provide the guidance and support that you require.

Here are some of the many reasons to choose Mounteney Solicitors for company restoration:

  • Our restoration services are affordable and cost-effective
  • We quote and adhere to fixed-fee terms in all appropriate instances
  • We are readily available during business hours
  • We undertake every case following a scrupulously smart and polite approach.


Expected Schedule of a Company Restoration

The company restoration process may be expected to take around 60 days, provided that there aren’t unusual circumstances. However, we are able to process some cases at a faster rate for a small additional charge.

Mounteney Solicitors promise to:

  • Take your instructions
  • Contact Companies House and make arrangements including late filings and application as necessary
  • Liaise with solicitors for Crown or Duchy as required
  • Support in the preparation and issuing of Court proceedings and evidence
  • Liase with banks and other parties as necessary following restoration
  • For Court restoration, provide Court and Companies House notices once the purpose of the restoration is completed, to have the company re-removed afterwards
  • Offer a guidance service.

Happy to explore your company restoration options from our offices in Heald Green, Cheadle or Bramhall, we also offer virtual consultations at times to suit you.

Company Restoration Service Pricing

Committed to price transparency and cost effectiveness, Mounteney Solicitors offer competitive fees and fixed fee options for our company restoration services.

Being SRA-regulated, we charge VAT which can be reclaimed in some instances.

Our standard services are charged at a fixed fee of £1100 + VAT = £1320.

This rate may be increased in the event of out-of-pocket costs, which might include:

  • Filing fees – these vary, often a few tens of pounds
  • Late Filing Penalties – these vary, often a few hundred pounds
  • Direct Restoration
  • Companies House fee – £100
  • Court Restoration
  • Companies House Legal Costs – £250
  • Crown or Duchy Legal Costs – £125-£300
  • Court Fee – £160.

It will be your responsibility to pay such expenses in relation to any restoration case.

We also have a special cost-effective procedure which can be followed in cases involving the intended recovery of bank balances totalling less than £3000.

You are encouraged to contact us for further information about this and our other company restoration services.

Contact Mounteney Solicitors

Contact the team of expert Company Restoration Solicitors at Mounteney, if you need legal assistance for restoring a company from continued operation. We offer a cost-effective and efficient service to help achieve your desired outcome.

We regularly work with clients over the Cheshire area and across the UK. We have offices in BramhallCheadle and Heald Green.

With over 18 years of experience in the legal sector, we deliver services with precision and reliability. Contact us today by phone or visit one of our offices.