Restoring a Company

If a company is struck off, a former director or share holder of that company can apply to have it re-instated back onto the register using a procedure called an administrative restoration. The procedure does not require a court hearing, but there is a £100 administration fee that is payable to Companies House.

The company can be re-instated within 6 years of the date that the company was struck off. This will, however, involve re-opening all of the liabilities of the company. The company will be required to file all accounts and annual returns which would have been due in the time the company was not been on the register, which may result in late filing penalties.

Administrative restoration only applies to companies that have been struck off the register for the reasons below:
* Under section 1000 of the Companies Act 2006 - The registrar has reasonable cause to believe that the company is not carrying on business or in operation.
* Under section 1001 Companies Act 2006 - The registrar has reasonable cause to believe that no liquidator is acting, or that the affairs of the company are fully wound up.

The process is reasonably simple to administer, although it is recommended that you seek professional advice and discuss this with your local TaxAssist accountant, who can deal with this for you.

Date published 5 Dec 2012

This article is intended to inform rather than advise and is based on legislation and practice at the time. Taxpayer’s circumstances do vary and if you feel that the information provided is beneficial it is important that you contact us before implementation. If you take, or do not take action as a result of reading this article, before receiving our written endorsement, we will accept no responsibility for any financial loss incurred.