How is a struck-off company restored?

A court application is necessary to obtain a Restoration Order and the process usually takes between 8-12 weeks from submission of the application.

A claim is filed in the High Court in London or at one of the District Registries or in a County Court. We process all applications through the Companies Court in London as this is the quickest route.

The Company and any director, member or creditor may make this application. If the company was struck off at the request of either the directors, employees, managers or pension trustees, any directors who did not originally consent to striking off may also apply.

The court application must be served on the Treasury Solicitor or the solicitor acting for the relevant Duchy and must also be served on the Registrar of Companies. The Registrar of Companies must be given at least 10 days to instruct the Treasury Solicitor.

The court requires a statement of truth or witness statement from the applicant confirming that the required formalities have been complied with and also setting out the history of the Company and circumstances surrounding its striking off and the reason for its application.

For further information see FAQs

It is necessary to show that the Treasury Solicitor has no objection to the restoration of the company.

In some instances the applicant does not requure the company to carry on after restoration but simply requires the company to be restored so that any assets inadvertantly left in the company can be realised. In such cases it may not be necessary to bring the statutory affairs of the company up to date.

If the application is successful a copy of the Court Order will need to be sealed and served on the Registrar of Companies.