Jordans have, over the past few years, helped a great many companies in their applications for restoration to the Register, both through the traditional court procedure and under the newer Companies House administrative restoration procedure. As such, we have several “do’s and don'ts” to share about this process.

Possibly the single most important piece of advice that can be given here is:

Do - be organised!

Many companies that we help to restore to the Register have either been struck off for failing to keep up with annual filings such as accounts. Or, when carrying out their own dissolution, they have failed to keep track of their assets (bank accounts or property are common), with the result that those assets revert to the Crown. Keeping up to date with annual filings and properly planning the company dissolution or liquidation will very much reduce the chances that the company will then need to be restored.

However, in the event that your company is struck off but needs to be restored...

Do – check the dates.

As from 1st October 2015, companies only have six years after the date of strike off in which to apply for restoration to the Register through either procedure. It may be possible for a company to make an application to the Government Legal Department (GLD) directly after that time, but this approach will need specialist advice and carries no guarantee of success.

Don’t – delay.

This follows on from the previous point; not only is there a limited time in which to make the application, but the sooner you get started, the sooner the company will be restored – or, at the very least, you will have a clearer view of the situation.

Do – be clear on your objectives.

As there are two procedures, it is possible (although quite rare) to be able to choose which procedure you follow, depending on whether the company needs to carry on in business after restoration or not. As such, it is a very good idea to be sure what you need before starting either application. While it is possible to discontinue a procedure once it’s begun and then start afresh with the other, any costs expended will be lost and time will have been wasted.

Don’t – be afraid to keep chasing the official bodies involved with your application.

Whether that’s Companies House, the (GLD) or even the court where the application may be heard; without wishing to be too critical of other bodies, it has been known for applications to slip through gaps.

Do – expect the process to take time.

Generally speaking, it will take around 4 to 5 months for the application to be completed and the company to be restored to the Register. Given the number of bodies involved, this is perhaps not surprising, and all the more reason to chase any contacts you may have.

Don’t – overlook any documents that may need to be filed with Companies House as part of the restoration process.

This doesn’t apply to changes of name or officers, but it has been known for both accounts and annual returns; either Companies House or the company itself may overlook the fact that these will be required not just for preceding years, but for the current year too and neglect to forward it to Companies House, with the result that the process is delayed.

Do – take advice!

The first question to be asked of your accountant or solicitor is: “Does the company need to be restored?” The second should be: “Can you help?” And the third is: “Which procedure can we use?” With both procedures there is a clear process to be followed, but don’t underestimate the time-consuming nature of them both (even though the administrative one is generally quicker). It may well be better to put it in the hands of a professional.

These are only brief points to be made in relation to what can be a long and drawn-out process, but any one of them can greatly assist in cutting down the time the process takes and the chances of any delays occurring.

If you have any questions or concerns about getting a company restored to the Register, please give us a call and we’ll be happy to help.