Company restoration services

Helping you restore your dissolved company

Do you need to restore a company? Fortune Law is a highly experienced business law firm who has helped many clients over the years restore dissolved companies. We understand that if the dissolution of the company was not planned or expected it can cause major problems for shareholders, employees, and suppliers, especially if the company owns valuable assets.

Your company may have been removed from the register at Companies House through voluntary dissolution or because it has been compulsorily struck off.
We at Fortune Law can help you to restore your company.
We have a qualified and specialist company restoration team at hand to restore your company to the register. We offer a high quality and professional service and ensure that all work is done to the highest standard and without delay.

We can help. Get started.

The quickest and easiest way to get help is to complete the company restoration enquiry information form. That way we’ll have all the information we need to get started straight away and can then contact you to progress your enquiry without delay.

The company restoration guide

Below we’ve compiled our company restoration guide to answer your frequently asked questions and support you through the process.

A company ceases to legally exist when it is dissolved or struck off the register at Companies House. This can cause major problems for shareholders, employees, suppliers and creditors, especially where the dissolution was unintended, unplanned or unexpected and the company still owns valuable assets.

 

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 by the company directors;
  • By Companies House when certain statutory documents are not filed correctly on time.

 

What happens to my company once it has been struck off?

Once a company is struck off, any assets it owned 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 a successful application to restore the company.

 

What typical reasons would need you to restore a company to the Companies Register?

  • The company had title to an asset, e.g. money in a bank account or physical property, that is of value or importance.
  • A company has been struck off for failing to file annual returns/confirmation statements and accounts, but the business continues to trade.
  • A third party has an unresolved claim against the company and must take some action against the company to obtain compensation or redress.

 

How do I restore a company?

Depending on how the company was struck off and the purpose of restoring the company, there are two ways to restore a limited company to the register at Companies House; Court Order Restoration and Administrative Restoration.

  • Court Order Restoration: this process must be used where the company has been dissolved voluntarily. If the DS01 form (application to strike off) has been filed, it is not possible to restore a company using the Administrative route. The company must be restored via an application to court with the option, post restoration, to either continue trading with the company, to recover assets, or to deal with a litigation claim made against or on behalf of the company. Court Order Restorations vary in complexity and some can be very complex and time sensitive.
  • Administrative Restoration: the company is restored by application to the Bona Vacantia Division of the Government Legal Department, and Companies House. The benefits of this method is the relative length of time the application takes to complete, unlike with the Court Order process which can be lengthy. This method is most often used when a company has been struck off due to non-compliance (non-filing of company documents) and is still continuing to trade. The company will need to bring statutory documents up to date such as any Annual Returns/Confirmation Statements and Annual Accounts and pay any fees associated with them.

 

How can Fortune Law help?

The good news is that you can restore your company back to the register at Companies House. The specialist team at Fortune Law can help you with this process easily and quickly and you will receive a response from us on the same day by completing the enquiry form:

Once you share all your information on the form above, you will receive immediate assistance as we aim to contact you on the same day to progress your enquiry.

Why clients choose Fortune Law for their Company Restoration?

We offer a high quality and professional service which will ensure that all work is done to the highest standard and without delay. Four reasons why clients choose Fortune Law:

  1. Specialist legal team: Our qualified and specialist company restoration legal team are at hand to assist with restoring your company to the register at Companies House.
  2. Urgency: In our experience, almost all restoration matters need to be carried out on an urgent basis. We understand that time is an issue and are accustomed to working to tight deadlines. The process can be lengthy but we are always at hand throughout the process to ensure that we liaise in a timely manner with the Courts, the Government Legal Department and Companies House and ensure that any potential issues or delays are dealt with as quickly as possible. We expedite the process where possible and where necessary. We believe building relationships with clients is a fundamental part of business and we work hard to understand our client’s needs.
  3. Location: You will find us conveniently located in Central London with easy access to the Courts and the Government Legal Department. We can hand deliver and collect documents where necessary, to speed up the process ensuring you do not have to wait unnecessarily for matters to progress.
  4. Responsibility: We take full responsibility for drafting the necessary legal documentation including reviewing and analysing correspondence received from the Government Legal Department and/or the courts. We will keep you regularly updated to minimise stress and hassle providing peace of mind.

We are regulated by the Solicitors Regulation Authority (SRA) and carry professional indemnity insurance of up to £3million.

 

We can help. Get started.

There are 3 easy ways to contact us for a free no obligation discussion about restoring your company, the method and process involved and whether or not it is right for you:

  1. Contact us by emailing on enquiries@fortunelaw.com
  2. Complete the online company restoration form
  3. Call us on 020 3102 6370.

Successful company restoration case studies

We have detailed below four case studies of real life scenarios where our clients have needed their company restored and the underlying purpose. These are limited examples however and client objectives and circumstances do vary. Please note for reasons of confidentiality we have used different names.

 

CASE 1: Retrieving funds after completing DS01 form

John the Accountant came to us for help as he had advised his client to strike his company off using the DS01 form, but forgot to mention that the funds in the company bank account would be frozen once this happened. John called us up and explained the situation and we instantly confirmed that this was something we could assist with. This was of great reassurance to him and his client, as they thought the funds may have been irretrievable.

 

CASE 2: Forgotten Company Annual Return

Sarah came to us with the dilemma of having her company struck off as she had forgotten that she needed to file the Company Annual Return. She was extremely worried that this had incurred high penalties and she still needed the business to remain open as she had ongoing business with customers and suppliers. Fortunately, it was only the Annual Return that was overdue on the day the company was struck off, so there were no late filing penalties. We were able to restore the Company back to the register using the Administrative Restoration route, which was a relatively quick process, leaving Sarah to continue trading with her business without any disruption.

 

CASE 3: Restoring a company for property sale

Stephen was the majority shareholder of a company that owned the leasehold property which was also his family home. He now wanted the sell that property, but found out he was unable to as it was in fact owned by the company, and not himself as an individual. The Company however had been struck off using the DS01 form procedure. We were able to advise him that as the majority shareholder, and as a resident in the property, he could restore the company for the purposes of a sale to an interested buyer. This was possible without the need for all the documentation to be updated, as an undertaking was given to the Registrar of Companies to restore the company solely for the purpose of selling the property.

 

CASE 4: Frozen bank account

A recent company we restored had ceased to trade and the directors applied for the company to be voluntarily struck off. They followed all the correct procedures to strike it off the Companies Register. However 4 weeks post dissolution they attempted to take money out of the business bank account, but as the company now legally did not exist, the bank account was frozen. Given the sums involved, the directors had to take immediate action and called us in to assist believing that the funds would never be recovered. We reassured the client that this situation was not unique to them and that we could help rectify the matter and recover their funds. Given that the company had been dissolved voluntarily, an application to the Court was necessary. We prepared the necessary documents, made the application to the Court for restoration, we liaised with the Government Legal Department and Companies House and within 12 weeks the company was back on the register as an active company. Given that the sole reason for restoration was to recover money, we provided an undertaking to the Courts and to the Registrar of Companies that the company would not trade and once the money was recovered, the company would be dissolved again. The normal time frame given by the Court is approximately 3 months to recover any assets owed to the Company, before the directors have to strike the company off again. However, only 2 weeks after applying to the Bona Vacantia Division of the Government Legal Department for the outstanding balance, our client received a cheque for the total amount of money in the company’s bank account.

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 charge a fixed fee for our service and disbursements.

 

What are disbursements?

These are fees charged direct and attributed by the courts and other parties in the restoration process. Fortune Law does not add anything further to these set fees. Disbursements will vary depending on the restoration method, and on individual circumstances.

You can call us in advance and we will advise you of the total fee.

 

Administrative Restoration legal service:

Restore a company for a fixed fee of £899.00 plus VAT and disbursements.

Administrative Restoration disbursements

  • Government Legal Department’s fee £64
  • Registrar of Companies fee £100
  • If the registered office of the dissolved company was situated in Lancashire or Cornwall at the date of strike off then there will be an extra charge of £125+VAT payable to the Duchy of Lancashire or Duke of Cornwall as appropriate. In the case of an administrative restoration, this fee replaces the Treasury Solicitors costs of £64.
  • The Registrar may issue late filing penalties relating to accounts that were overdue for filing at the date the company was struck off. For each annual return that is overdue the filing fee is £40 depending on the date that the annual return was due. Late filing fees on overdue annual accounts can be significant.
  • Documents and Postage £5

 

Court Order Restorations service:

These are more complex and fees are dependent on the individual case. An indicative fee would be £1299 plus VAT and disbursements.

Court Order Restoration disbursements

  • Royal Courts of Justice fee £308
  • Registrar of Companies fee £300
  • Claim issued in person. Since a Court Order Restoration can take 10-12 weeks however for a small additional fee you can get our personalised service to attend the court on your behalf so issue the claim on the same day  obtain a hearing date at the same time fee £249 +VAT.
  • Documents 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.