Company restoration services
The safe, expert way to restore your dissolved company
Do you need to restore a company? At Fortune Law, we have an expert company restoration team which has helped countless clients restore dissolved companies. We understand that if the dissolution of a company was not planned or if the consequences of the dissolution are unexpected, this can cause major problems for shareholders, directors, employees, and suppliers, especially if there are valuable assets involved. This also applies to claimants who need to issue a claim against a company but find it no longer exists.
Why Fortune Law?
Our clients choose to instruct us for a number of reasons but not least because we offer the reassurance of being a regulated and specialist law firm providing high quality legal advice.
We are based just around the corner from the Royal Courts of Justice and hand deliver all court documents at no extra cost to save both time and money for our clients. Experience shows us that this service can reduce the estimated twelve-week timetable for a court restoration by two to three weeks.
We operate on fixed fees unless there are unexpected complications. Being specialists in this field, however, we are readily able to assess the full scope of the work at the outset. The vast majority of our restoration fees are on a fixed fee basis.
Our specialisation in this area is also a key factor in being the service provider of choice for many other professionals such as law firms and accountants who regularly instruct us on behalf of their clients.
We can help. Get started.
The quickest and easiest way to get started is to complete our online company restoration enquiry information form. This will provide us with all the information we need to provide you with a fixed fee and to contact you to progress your enquiry without delay.
Frequently Asked Questions
How does a company get dissolved?
A company can be struck off the Companies Register for a number of reasons, including:
- On a voluntary basis (when the company is no longer needed) by the company directors by filing a DS01;
- By Companies House when certain statutory documents such as annual accounts are not filed correctly and on time;
- As a result of the company going into liquidation or administration.
What happens to a company once it has been struck off?
Once a company is struck off, any assets it owns pass to the Crown in a process known as “Bona Vacantia” (meaning vacant goods). Usually, the only way to retrieve these assets is to make an application to the court to restore the company.
The company also ceases to exist as a legal entity, which essentially means that it cannot, for example, trade, own assets or goods, sue or be sued, hire employees or enter into contracts.
What are the typical reasons a company is restored to the Companies Register for?
Our clients come to us to assist them in restoring a company for a wide variety of reasons such as:
- Their company had title to an asset, e.g. money in a bank account or physical property, that is of value or importance and needs to be recovered, often swiftly;
- Their company has been struck off for failing to file annual returns/confirmation statements and accounts, but the business continues to trade;
- They are a third party that has an unresolved claim against the dissolved company and must take some action against the company to obtain compensation or redress.
What is involved in restoring a company?
Depending on how the company was struck off and the reason for restoring it, there are two ways to restore a limited company to the register at Companies House; Court Order Restoration and Administrative Restoration.
Both processes vary in terms of time, cost and complexity and certain processes can only be used in certain circumstances, for example if a company has been struck off voluntarily, it can only be restored via a Court Order Restoration.
Why do I need a lawyer?
Court Order Restorations in particular can be complex and time sensitive. They involve liaising with the Government Legal Department, the Registrar of Companies, the courts and in some cases liquidators, creditors, tax advisers, accountants and other third parties.
This process also involves the drafting of legal documents such as witness statements and claim forms and in some cases advocacy in the County Court. Due to the strict procedural nature of company restorations, and indeed litigation in general, we can complete all of these documents and issue to them to the correct parties at the correct time, giving you peace of mind and reassurance that the matter is in safe hands.
In our experience, our clients instruct us because we are experts in this area. They choose us because we go above and beyond what is expected; we hand deliver documents to speed up the process, we have good working relationships with the relevant third parties involved in the restoring companies and we are qualified and experienced in what we do.
For more reasons why clients choose Fortune Law, check out our post on 6 Reasons Why Clients Choose Fortune Law.
Company Restoration Fees
Our fees depend on the route to company restoration. There are two ways to restore a limited company to the Company Register; Court Order Restoration and Administrative Restoration. We understand that costs may be an issue and we always aim to charge a fixed fee for our service.
Our fees include hand-delivery of all documents to the Government Legal Department and County Court at Central London where required as part of the restoration, and where possible.
What are disbursements?
These are fees charged by third parties such as court fees and Government Legal Department fees. We collect these on behalf of the relevant third party from the client and pay these out on behalf of our clients. Disbursements will vary depending on the restoration method, and on individual circumstances.
If the registered office of the dissolved company was in Lancashire or Cornwall at the date of strike off then there will be an extra charge of £150 + VAT to cover the legal costs of the Duchy of Lancaster or Duchy of Cornwall.
You can call us in advance and we will advise you of the total fee payable at the outset as far as possible.
Administrative Restoration service:
Our fees to restore a company are fixed at £899 plus VAT and disbursements.
Administrative Restoration disbursements:
|Government Legal Department Fee||£64|
|Companies House Fee||£100|
|Late filing fees and penalties||TBD|
|Printing and Postage||£5|
Court Order Restoration service:
Court order restorations are more complex than administrative restorations. Our fees to fees to restore a company via court order are also usually fixed but vary depending on the complexity of the restoration. We will provide you with the appropriate fixed fee before you instruct us. Fixed fees for court order restorations start from:
|Recovery of funds in a bank account||£1,500 plus VAT|
|Recovery of freehold or other tangible property (except cash at bank)||£2,800 plus VAT|
|Contentious restoration, involving any proposed litigation to be undertaken by the newly restored company||£4,500 plus VAT, or hourly rates where the matter is more complex|
Any fixed fee or fee estimate includes a fixed scope of work. If we need to carry out any additional word outside this scope, this however will fall outside the fee estimate. Additional work can include:
|Additional witness statement||£400 plus VAT per statement, depending on complexity|
|Additional Companies House forms required for the restoration||£200 plus VAT per document|
|Serving the application on third parties||£200 plus VAT|
|Attending court hearing in person||£500 plus VAT per hearing|
There are also several disbursements with a court order restoration, which are costs that must be paid to the court and other third parties or other administrative charges. These are currently fixed at:
|Court Fee||£280 (plus £30 for every subsequent hearing)|
|Companies House Fee||£300|
|Printing and Postage||£40|
Our in-house team are available to assist you throughout the restoration process, and post restoration if required and with a strong expertise in commercial, contract and property law, we are at hand to help you recover money, property, or to pursue your legal claim.