Company restoration—restoration by court order
Company restoration—restoration by court order

The following Corporate guidance note provides comprehensive and up to date legal information covering:

  • Company restoration—restoration by court order
  • Why restore a company to the register?
  • When can an application be made?
  • Who can make an application?
  • Time limit
  • Process
  • The court’s order
  • Effect of restoration
  • Limitation directions following restoration
  • Company name

Why restore a company to the register?

When a company has been struck off it may be possible for an interested person to make an application to the court to restore it to the register. There are many reasons for restoring a company to the register, including:

  1. to enable a claim to be brought against the company

  2. to deal with property which the company still owned when it was struck off and dissolved, which has now vested as bona vacantia, and

  3. where the company was struck off by the Registrar whilst the it was still carrying on business

Where a company has been struck off the register at the instigation of the Registrar of Companies pursuant to sections 1000 or 1001 of the Companies Act 2006 (CA 2006), the applicant should consider whether or not the company could be restored using the simpler and quicker administrative restoration route instead of the court procedure.

An application for administrative restoration may be made by a former director or shareholder of the company when certain conditions are met.

For further information on administrative restoration, see Practice Note: Company restoration—administrative restoration.

For further details on striking of and dissolution, see Practice Notes: Voluntary striking off and dissolution and The Registrar's powers to strike off a defunct company.

When can an application be made?

An application