Company Restoration

Companies can be struck off the register at Companies House voluntarily or by the Registrar of Companies.

If the company has been closed by the director(s) then a court order shall be required to restore the company

One reason the Registrar will remove a company from the register is because they have failed to file company accounts and annual returns. Before the Registrar strikes a company off he/she will satisfy himself/herself that the company is still not in business or operation by sending letters to the company’s registered office, if the company does not respond a notice will be published in the London Gazette stating that he/she intends to strike the company off giving the company three months to respond unless cause is shown to do otherwise. The company will be dissolved on publication of a further notice in the Gazette. Any assets owned by the company at the time of dissolution including any credit balance in the company bank account will be passed to the crown (or the Duchy of Lancaster or Cornwall depending on the location of the company) and the bank account will be frozen.

The above highlights the importance of keeping the address of the company’s registered office up to date at Companies House.

To recover the assets the company must be restored, the company can be struck off again voluntarily once the assets have been recovered if required.

It is not unusual for a company that owns the freehold of a block of flats to be struck off by the registrar due to failure to file accounts and annual returns. If this has happened to your freehold company do not hesitate to contact this firm for a free quotation of costs.

This firm’s fee for dealing with a straightforward restoration by court order is £395* plus vat where applicable & disbursements.

Disbursements (subject to change) are as follows:-

Court fee: £280
Treasury Solicitor’s legal fee: £300
*If a court appearance is necessary which is unusual then an additional £250 will be payable.

Please note that the above costs DO NOT include Companies House late filing penalties. Filing penalties. Which are at present on 8/10/14 not more than 1 months delay Private Co £150 PLC 750; More than 1 month less than 3 months £375 private £1,500 PLC; More than 3 but less than 6 £750 private and £3,000 PLC; More than 6 months £1,500 private and £7,500 PLC. The penalties will be doubled if a company files its accounts late in two successive financial years.

Administrative Restoration

Our Costs £200.00* plus VAT where applicable.

A company can only be restored by administrative restoration if the company was struck off and dissolved by the Registrar of Companies less than 6 year ago.

The treasury solicitor’s fee is currently normally £64 plus VAT where applicable. Where the treasury has dealt with company assets, further costs may be payable. If the application involves or is to the solicitor for the Duke of Cornwall the costs are normally £146.88.

Registrar of Companies costs currently £100 no vat is applicable.

Annual return filing fees and late penalties must be paid if applicable.

Tel +44 (0)208 539 0075 or info@gmhewettsolicitor.com

This guide is intended as general information only it does not seek to summarise the relevant legislation which is a complex and technical area of law. You should take professional legal advice relating to your specific circumstances.