Skip to main content

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.




About the Author:



Comments

Popular posts from this blog

Bobby Jain Credit Suisse: How Are Nintendo's Profits?

By Rob Sutter When looking at the big video game companies we all know and love, Nintendo does not seem to have as much awareness to consider. After all, the PlayStation 4 and Xbox One alike seem to be the apple of every gamer's eye while the Wii U is cast aside time and time again. As a result, shouldn't his mean trouble for Nintendo in general? This is not necessarily the case and I am sure that Bobby Jain Credit Suisse can look deeper into the idea of profits. Nintendo has a great amount of money to consider and it is stored in the bank in case of financial matters becoming too strenuous. This is a point that can be easily contrasted to not only Microsoft but Sony as well. For example, it was reported that Sony had to close down one of its office buildings for the sake of reducing costs. It's one of those matters that make the general public realize that there is more to these companies than simply the element of gaming. Nintendo may not exactly be in the cle...

Things To Contemplate On Before Acquiring Hog Dog Supplies

By Patrick Parker A lot of people have kept domestic animals in their residential homes as pets and others for games and hunting purposes. They maintain their health to the best level and make sure that they remain fit for any exercise by thoroughly training them. In case of any job, they cover them with the right clothing and other gadgets to safeguard them against dangerous animals or accidents. A lot of entrepreneurs deal with hog dog supplies . However, a person must evaluate some tips provided in the phrases before buying the items. Taking the measurements of an animal can help get the right size of outfit. Therefore, the animal can get fitted with clothes that are of correct size. Hence, it can avoid feeling discomfort and experience friction that may cause wounds due to negligence. Some individuals do not mind about the welfare of their animals and end up getting any gear without acknowledging the importance of these items. Therefore, one must consider the importance of bu...

Easily Selecting From Toowoomba Wedding Photographers

By Linda Ruiz Marriage is often considered to be an excited step for any couple to take throughout the course of their relationship. Celebrations are usually dependent on a significant number of coordinated efforts and service providers that must all come together in a simplified and affordable manner for the sake of creating a special day. Any couple that is considering this phase of their special day should be versed in deciding from Toowoomba wedding photographers as part of ensuring their pictures are the best quality possible. A wedding photographer is trained in working with clients to make sure great pictures are taken of their special day. Couples are usually focused on this kind of professional when trying to avoid the need to rely on amateur shots and are focused heavily on great memories. The selections people make from the numerous professionals are performed with a large amount of careful consideration. People of Toowoomba that are focused on this type of servic...