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Company restored by court order

What to do about 'not' client that has been restored.

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We have a client, obtained in 2007 who we have dealt with for some time now.

Prior to 2007, and our involvement, they had a subsidiary company, which I'll just call 'Stuck off Sub Limited' for the moment.

Struck off Sub was dissolved via volunatary process just before our appointment in 2007. In 2016, this company was restored to the register by Court Order. It has sat there since, with everything 'overdue'. To our knowledge, nothing has been received since then by anyone. The registered office is our address (not sure why, though I suspect), the sole director is a director of our client but only has limited involvement.

Today we received from Companies House a demand for the 2007 to 2019 accounts to be filed, along with the 2007 to 2015 Annual Returns and 2016 to 2019 Confirmation Statement. They don't threaten strike off if we fail to comply.

The current FD of our client wants rid. Will a DS01 work?
Does anyone know why this happens (I suspect 'where there's blame, there's a claim... but no one has come forward with a claim)? We have no records relating to Struck off Sub Limited, and I don't think our client does anymore as it was dormant for the five years or so prior to strike off.

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By jcace
08th May 2019 17:02

You could have a look at the restoration document at Companies House as a starting place - that might give you a clue as to the reason behind it. It may also outline any additional restraints or requirements placed upon the company.

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By thevaliant
09th May 2019 21:24

Having looked a little further, in appears in 2013 we received some documentation from a 'Mr Smith' claiming workplace injury, but we passed it onto our client who ignored it as the company was long gone.

The 2016 restoration was by someone else, a 'Mr Jones' and his solicitors, but we don't know the reason why as Mr. Jones never contacted us.

We suspect its to claim for a workplace injury. The spouse of one my colleagues does this for a living. Resurrect company, claim insurance monies, strike off again.

However, further digging has revealed that 'Struck off Sub Limited' itself had other subs, all with similar names (Struck off Sub (Barnet) Limited and others) and I wonder if the solicitor just went for a blanket 'resurrect everyone, and then claim insurance off the right one' as we've never heard anything since restoration.

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By atleastisoundknowledgable...
08th May 2019 17:06

DS01 and see what happens. It’s not like it’s a mass of extra paperwork/admin.

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By thevaliant
09th May 2019 11:00

I think that's what we'll try. Worst case is you lose £10.

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By bernard michael
09th May 2019 09:49

Are the directors still appointed ?
If so their's is the liability for ignoring Cos House.
I suggest talk to CH and try to get more background for their delay in enforcement. I smacks of something more than CH inefficiency
Did the company have liabilities when it was restored and have they been discharged ?

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By Vaughan Blake1
09th May 2019 11:36

As part of the restoration process the company is obliged to bring its Co Hse filing up to date, hence the chasers.

Restoration is usually to liberate an asset that got left behind in the company after it was struck off. Otherwise this results in a spot of the old Bona Vacantia, and the asset passes to HM Queen! Do you know if this was the reason? If not, why was the restoration done and has it achieved its objective?

As the company effectively promised to the court that its filing will be brought up to date, I don't think not fulfilling the obligation will go down too well. You could try a DS01 and see what happens, but I suspect Co Hse will object.

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By nick farrow
09th May 2019 12:10

I think the bona vacatia assets pass to the Duchy of Lancaster and/or Cornwall Prince Charles?

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By Vaughan Blake1
09th May 2019 16:36

True, if the assets are based in either Cornwall or Lancashire. Elsewhere, HM Queen gets the loot.

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By atleastisoundknowledgable...
09th May 2019 21:40

Vaughan Blake1 wrote:

True, if the assets are based in either Cornwall or Lancashire. Elsewhere, HM Queen gets the loot.

They use different solicitors as well. Cornwall/Lancashire application has to go via a specific firm of solicitors (can’t remember their name ... Furrells & Co?) rather than just a form to the Treasury

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By Roland195
09th May 2019 16:55

Only time I haver ever seen this outside of voluntary admin. restoration was where a dissolved company was reinstated by court order in furtherance of legal action however this was made clear by the documentation filed.

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Lisa Thomas
By Insolvency Practitioner
10th May 2019 13:08

I see this quite often with insurance claims.

I can't see why you would bother with the DS01 - why not just let C House carry out their threat of striking it off?

FYI you might find this useful to remove your office as registered:

https://assets.publishing.service.gov.uk/government/uploads/system/uploa...

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