Reinstate a Deregistered Company in the UK: A Complete Guide

When a company is struck off the Companies House register, it may be compelled to be restored in order to continue business operations, recover funds, or clear legal matters. The process to reinstate a deregistered company in the UK involves administrative procedures and legal requirements that must be followed carefully.

This guide provides comprehensive details on how to reinstate a deregistered company in the UK, the application for reinstatement of a deregistered company, the cost to reinstate a deregistered company, and the process of re-registering a deregistered company. Knowing about these aspects can help companies restore a deregistered company in a proper way.

How to Reinstate a Deregistered Company in the UK

Why Would a Company Need to Be Reinstated?

A company may be struck off the register and deregistered for reasons including:

• Failure to deliver annual accounts or confirmation statements.
• Voluntary winding up by directors and shareholders.
• Failure to comply with the statute.
• Insolvency or inability to pay its debts.

If a company has been deregistered but wants to trade once again, it must go through the reinstatement of a deregistered company in the UK process. Depending on why the company was deregistered, there are two routes to take:

1. Administrative Restoration – If the company was struck off by Companies House due to non-compliance.
2. Court Order Restoration – If the company was voluntarily dissolved or does not qualify for administrative restoration.

How Long Does Restoration Take?

• Administrative restoration will take 2 to 3 months.
• Court order restoration will take 3 to 6 months, depending on court calendars and case complexity.

It is worth knowing the proper way in order to be able to make sure that your application will be successful.

Steps to Reinstate a Deregistered Company in the UK

Application Guide: Reinstating a Deregistered Company

To submit an application for reinstatement of a deregistered company, the following process must be undertaken:

Administrative Restoration

This service is only available if:

• The company was struck off by Companies House.
• The application is made within six years from the date of dissolution.
• The company was trading or operating when it was dissolved.

Procedure for Administrative Restoration:

1. Complete Form RT01 – This form must be submitted to Companies House.
2. Pay the Restoration Fee – A required fee must be paid to Companies House to complete the restoration process.
3. Submit Outstanding Filings – Overdue confirmation statements and annual accounts must be filed, and fines.
4. Get a Bona Vacantia Waiver Letter – If assets were still within the company, then a waiver letter from the Bona Vacantia department must be procured.

The company will then be considered to have continued in existence as if it was never deregistered after approval.

Court Order Restoration

This process is needed if:

• The company was dissolved voluntarily.
• Six years of administrative restoration period has lapsed.
• A creditor or party interested desires reinstatement of the company.

Steps for Court Order Restoration:

1. Serve a Claim on the Court – A Part 8 claim form must be submitted.
2. Prepare a Witness Statement – This gives the reason for the restoration.
3. Inform Companies House & Treasury Solicitor – The claim form needs to be served upon the relevant authorities.
4. Attend a Court Hearing – The application is reviewed by a judge.
5. Comply with Court Orders – Upon success, a court order must be filed at Companies House.

A court order restoration may be complex and normally requires advice by lawyers to ensure all legal niceties are adhered to.

Step-by-Step Application for Company Reinstatement

Understanding the Cost to Reinstate a Deregistered Company

The cost to reinstate a deregistered company is determined by whether the restoration is administrative or via a court order.

Administrative Restoration Charges

Restoring a company through the administrative process involves fees payable to Companies House, along with potential penalties for late filings and any outstanding charges related to confirmation statements.

For more details, you can refer to the official UK government guide.

Court Order Restoration

If court intervention is required, restoration costs may include court filing fees, legal representation expenses, and additional fees that may apply depending on the circumstances, such as those related to Bona Vacantia. The total cost varies based on the complexity of the case.

For the fastest and most professional support, contact us today.

For businesses with outstanding debts, there are extra settlement fees that may be applicable. Businesses need to budget for the cost to reinstate a deregistered company.

Reinstatement Cost for a Deregistered Company

Legal Steps to Re-Register a Deregistered Company in the UK

The process of re-registering a deregistered company is dependent on the mode of its removal from the register.

Re-registering After Administrative Strike-off

Where a company was struck off due to non-compliance, it can be restored via administrative restoration by:

• Filing delayed documents.
• Payment of all fees accrued.
• Production of proof that the company was trading before deregistration.

Re-registering After Voluntary Dissolution

If a company was wound up voluntarily, it will need to go through court order restoration. When restored, it will be as though the company never dissolved.

What Happens After Re-registering?

When a company has been restored:

• It can legally resume trading.
• Directors will have to ensure that all compliance requirements are met.
• The company's assets will be reinstated (where applicable).

Companies that fail to meet ongoing filing requirements can be struck off once more.

How to Prevent Future Deregistration?

To prevent the need to reinstate a deregistered company in the UK again, companies ought to:

• Make timely filing of annual accounts.
• File confirmation statements periodically.
• Track compliance requirements and obtain professional advice if necessary.
• Employ professional secretarial and accounting services to ensure regulatory compliance.

Proactive compliance minimizes the risk of deregistration and reinstatement costs.

Guide to Re-Register a Deregistered Company

Conclusion

The procedure to reinstate a deregistered company in the UK is very much subject to legal and administrative requirements. Both through administrative restoration and court order restoration, companies have to undertake certain procedures in order to reinstate operations effectively.

An application for reinstatement of a deregistered company involves the submission of forms, payment of fees, and following Companies House rules. The cost to reinstate a deregistered company varies based on the method followed, with court order restoration being more expensive.

For others who are planning to re-register a deregistered company, knowledge of eligibility criteria and limitations is required. Professional advice is provided to facilitate the process as well as determine compliance with UK corporate law.