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GLOSSARY

Treasury Solicitor definition

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What does Treasury Solicitor mean?

Head of the Government Legal Department (previously known as the Treasury solicitor's Department), part of the government legal service.

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Company restoration—administrative restoration—checklist

Company restoration—administrative restoration—checklist Note that the Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023) will introduce an additional provision in the Companies Act 2006 (CA 2006), s 1024 to widen the availability of the administrative restoration procedure to include those companies struck off pursuant to the Registrar’s new powers under CA 2006, s 1002A to strike off companies registered on a false basis in situations where the Register did not have reasonable cause to believe that: • any information contained in the application for the registration of the company, or in any application for restoration of the company to the register, was misleading, false or deceptive in a material particular, or • any statement made to the Registrar in connection with such an application was misleading, false or deceptive in a material particular The Registrar’s new striking off powers in CA 2006, s 1002A and the accompanying expanded administrative restoration procedure have not yet come into force and are expected to be implemented in late 2024 or 2025. For...

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Voluntary striking off and dissolution

Voluntary striking off and dissolution It is possible to strike off a company pursuant to Part 31 of the Companies Act 2006 (CA 2006) either: • voluntarily, by the company’s directors, or • by the Registrar of Companies pursuant to its powers to strike off a company This note summarises the voluntary strike off process. For details on the Registrar's powers to strike off a company, see Practice Note: The Registrar's powers to strike off a company. Why apply for striking off and dissolution? Any company can apply to Companies House to be struck off the register of companies and dissolved. Some of the most common reasons why a company may wish to be struck off and dissolved are: • it is no longer in business or operation • it has fulfilled the purposes for which it was incorporated, or • its parent company is carrying out a reorganisation of its group structure and wants to strike off and dissolve that company, perhaps together with other subsidiaries...

Restoration of a limited liability partnership to the register by court order

Restoration of a limited liability partnership to the register by court order Why restore an LLP to the register? When a limited liability partnership (LLP) has been struck off, it may be possible to make an application to the court for an order to restore it to the register. There are many reasons for restoring an LLP to the register, including: • to enable a claim to be brought against the LLP • to deal with property which the LLP still owned when it was struck off and dissolved, which has now vested as bona vacantia, and • that the LLP was struck off by the Registrar while the LLP was still carrying on business Application of CA 2006 to LLPs An LLP is a corporate body formed under the Limited Liability Partnerships Act 2000 (LLPA). The majority of law applicable to LLPs is actually modified company law rather than partnership law (see Practice Note: The nature of a limited liability partnership and its legal framework). The Limited...

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