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How to restore Ltd company by an order of court?

What is the procedure and can we do this as an accountant or do we need a solicitor?

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A few months ago, my client had closed his company by submitting striking off form to Companies House but forgot to withdraw the money from the company's bank account.

Now, to restore the company we have applied for administrative restoration with CH, but today received a letter saying, "A company has been dissolved under section 1003..., can only be restored by order of the court".

We have never come across to this situation before and have no idea how to apply with the court.

What is the procedure, and can we do this as an accountant or do we need a solicitor?  

Thanks for your help in advance.

Replies (17)

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By JoF
13th Nov 2019 11:49

How much is in the Bank account? Is the Bank account still actually open? I suspect it might not be.

Anyway - this has been asked and answered before on here so a quick search will locate the responses. But also see this
https://www.accountingweb.co.uk/community/industry-insights/how-to-resto...

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Replying to JoF:
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By ninja
13th Nov 2019 12:02

The bank account is closed. I think he has just over £4K.

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Replying to ninja:
RLI
By lionofludesch
13th Nov 2019 12:15

Get some quotes because that £4k might easily be swallowed up in fees.

Eh dear - did he do this off his own bat ?

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Replying to lionofludesch:
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By ninja
13th Nov 2019 15:48

I advised him in writing to clearout bank balance before the company closedown but guess what? He forgot, and then start blaming me (as all clients do). But when I pointed him towards my email, he apologised. Now I have already charged him £250 to reinstate the company without knowing it will take more than just submitting few forms to CH.

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By darkmatter
14th Nov 2019 17:26

I think you are truly stuffed contractually if you agreed to restore company for 250.00

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Replying to ninja:
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By JoF
13th Nov 2019 14:51

Agree with Lion.

Oh and you are welcome!

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Adrian Smart
By Adrian Smart
13th Nov 2019 16:32

Hi,

The Court Restoration process is time consuming and bureaucratic. It would involve preparing a claim form and witness statement and sending to the court with the fee. The court then return the issued claim claim form and copies of this must be sent to the Treasury Solicitor. The Treasury Solicitor will reply setting out the requirements of the registrar of companies. Forms are then submitted to the registrar, confirmation sent to Treasury Solicitor that the required undertakings will be given to the court. Witness statements then need to be prepared and sent to the court. Court will send sign copies to the registrar for restoration.

I think that's everything! The whole process can take months to complete.

If you would like us to help our fees are £900 plus disbursements, so like already said it's worth considering if it's worth it.

Feel free to get in touch if you need further info - fcls.co.uk

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Replying to Adrian Smart:
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By zarar
13th Nov 2019 19:31

Exactly this - our fees are about the same. The disbursements add up and it takes a long time.

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Replying to zarar:
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By darkmatter
14th Nov 2019 17:21

I think you're overplaying the amount of work (having successfully restored ) ,its not rocket science, .. but everyone needs to make a living

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Replying to Adrian Smart:
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By darkmatter
14th Nov 2019 17:28

ps .. try accountancy .. its much more time consuming and drawn out ;)

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By marks
14th Nov 2019 06:36

If you dont know what you are doing get someone involved who does.

I dont know the process and would advise to get Adrian at FCLS involved.

We have used them for other work ie changes in shareholding classes and related changes in articles and memos. They are efficient and know what they are doing.

Oh.....and go back to the client and say the process is more complicated than you first thought and your fee will be £1200 + VAT.

Up to them if they want the surplus £2.5k ish back or not.

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Replying to marks:
Adrian Smart
By Adrian Smart
14th Nov 2019 08:59

Much appreciated - hope you're doing well.

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Replying to marks:
By JCresswellTax
14th Nov 2019 09:28

Agreed, we also use FCLS and have nothing but praise for them. Reasonable charges and efficient.

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Replying to JCresswellTax:
Adrian Smart
By Adrian Smart
14th Nov 2019 16:11

Thank you! :-)

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By Jamie Thompson
14th Nov 2019 11:11

If Bona Vacantia, can always go for a "grant" of £3,000 instead of company restoration.
https://www.gov.uk/guidance/apply-for-a-discretionary-grant-where-the-di...

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By darkmatter
14th Nov 2019 17:11

that's a nice one.. don't be daunted, quite a few years ago limited client came to me , accounts in arrears huge losses in later years and expected c/b loss refund to pay my bill.. I did all the work ,.. then letter from lovely HMRC saying losses agreed but company had been struck off on xx/xx/xx so it belonged to the duchy of Lancaster (I think) . (this was before companies house online)

so you need to restore company to register by "orginating application" if my memory serves me correct, with application to county court who will ask if company is solvent ,

at the end of the hearing district judge will expect you to draft the order to restore (if he is agreeable) , you draft it, send it to court for stamp , send copy to HMRC and get paid

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Replying to darkmatter:
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By darkmatter
14th Nov 2019 17:17

ps , think I remember talking to the treasury solicitor ?..really helpful .. even talked through the originating application procedure … seriously I wouldnt pay a solicitor for half a days work , but I'm tight fisted

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