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What Is Involved When Reinstating A Company

By Carl Kelly


There are many instances in which a company can get struck off from the companies register. To begin with, it could be done on a voluntary basis, in which the directors no longer need it and make an application to close it off. They will be required to file all necessary documents. Also, it might be that the company has failed to file annual accounts as is required and within the right time. You can also have a business being struck off because it has been liquidated. In considering reinstating a company, there are various things to consider.

After a firm gets stuck off, any of the assets which it owns are passed to the crown. The only way that one can retrieve such assets is when they make an application to the courts to have the business restored. Such companies will also cease to exist as legal entities. That will mean it cannot trade, sue or be sued, enter into contracts or own assets.

There are a number of reasons that would require one to have a company restored. As an example, there are instances when a business has a title to a certain asset, which could be money or some physical property. If that is the case, if you need to have that property recovered, you will have no other option but to have that business restored. The other instance could be when you are a third party and there are claims which remain unresolved. That would then mean that you have to get the company restored in order to get compensation.

Depending on the way a business was struck off, there are a number of ways to ensure it is reinstated. The two main methods are through the courts and through administrative reinstatement. The two processes are different as regards the time involved, complexity and costs. In addition to the differences, each of them will be used for specific circumstances. For example, if a business got struck off voluntarily, the only way to have it restored would be through a court process.

You will need to hire an attorney to oversee the entire procedure. That is more so for court proceedings which are sensitive and complex. It is a procedure that will require that you coordinate with the government legal department and the registrar of companies. In certain instances, creditors, accountants and tax advisers will also have to be hired.

The process will also involve drafting of legal documentation like witness statements and claim forms. Because of the strict nature of reinstating companies, you need an attorney to prepare all the needed documents and have them issued to the correct parties within the required time. That ensures that you do not have to be worried about whether you have done the right thing.

The fee which will be charged will depend on what method one uses. A number of attorneys charge a flat fee. Others also have other structures. When you are searching for an attorney, you should know what they will be charging.

It will be important to understand what disbursements are. They are the fees which are charged by third parties. They include government legal department fees and court fees. The fees are collected from all relevant third parties and then paid off on behalf of the client.




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