Restoring a dissolved company
Restoring a dissolved company
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Discussion

citychap26

Original Poster:

1,307 posts

260 months

Friday 20th July 2007
quotequote all
Hi Guys,

Has anyone had any experience of resorting a dissolved business?

Cheers

Sunil

trunnie

317 posts

287 months

Friday 20th July 2007
quotequote all
I haven't done it, but if you mean dissolved for failing to file something at Companies House then it seems that you need to be in a position to correct the failure. I'm led to believe that it normally also involves a visit to Court to make the application, hence probably quite a few £££.

citychap26

Original Poster:

1,307 posts

260 months

Friday 20th July 2007
quotequote all
Yes I kinda forgot to file my return, it was sitting there on my table. I had the cheque and all my accounts done.

I actually missed it by one bloody day!!!

My accountant said I could simply set up a new company but I'd rather be honest and restore everything and pay my dues.

Bloody annoying that I'm going to have to folk out and all I want is to just to be honest.

Edited by citychap26 on Friday 20th July 10:27

trunnie

317 posts

287 months

Friday 20th July 2007
quotequote all
Your accountant may have a point. The main reason for most people not to walk away is that all the assets of the dissolved company pass to the Crown (ie Messrs. Brown/Darling). Therefore all those outstanding invoices, credit balances in the Bank etc. are no longer an asset that you can legally recover (unless it's to pass on to the gov't). Reinstating means that it is treated as if it never happened and the assets pass back to the company.

Eric Mc

125,768 posts

295 months

Friday 20th July 2007
quotequote all
You normally have to have missed quite a few deadlines before a company is finally struck off by Companies House. They would have sent you at least two reminders that your annual return was late before deleting the company. Are you sure it actually IS struck off.

citychap26

Original Poster:

1,307 posts

260 months

Friday 20th July 2007
quotequote all
Yes, it's been struck off, totally my fault!! I even have my annual return in hand, I just forgot about it. I was just about to send it off and look up my company on the register and I missed it by one day.

I know I've had months to do it, but too much happening in work and life. I wish I'd just had a bloody managed company.

Eric Mc

125,768 posts

295 months

Friday 20th July 2007
quotequote all
Where was your accountant in all this?

I've never had to restore a company myself but there are businesses out there who will restore them for you - for a fee, of course.
They usually advertise in the back of accounting and business magazines although I am sure a Google search under "Company Restoration" will track some down.

It may be easier and cheaper for you to just let that company die and then set up a brand new repacement company. Indeed, now that the original company is struck off, you may be able to set up the new company with the same name as the old dissolved/struck off company.

citychap26

Original Poster:

1,307 posts

260 months

Friday 20th July 2007
quotequote all
My Accountant did warn me, sadly I was going through personal issues and work issues. This in itself if not a defence. My f*ck up.

I've instructed my account to go ahead with restoring the company at a cost of £2k

Eric Mc

125,768 posts

295 months

Friday 20th July 2007
quotequote all
Blimey - that IS expensive.

Does your company have many assets?

citychap26

Original Poster:

1,307 posts

260 months

Friday 20th July 2007
quotequote all
No Assets, just that I had money in my company account, I also want to pay my outstanding tax. I have nothing to hide. Just that I was having mad relationship problems and work was getting on top of me too.

I am a Business Analyst working in banking so used my company as a means to provide a service.


Eric Mc

125,768 posts

295 months

Friday 20th July 2007
quotequote all
Can you not access the company bank account at the moment?

Does the company owe you money?

Lurking Lawyer

4,535 posts

255 months

Friday 20th July 2007
quotequote all
I had to make an application like this years back when I was a trainee.

It's not especially complex - I seem to remember extracting a template application notice and affidavit in support from Atkins' Court Forms and tailoring them to fit the facts of the case. The witness statement needs to explain the reason for the default but, as I understand it, it's usually a by-the-numbers affair.

£2K sounds a bit pricey, but not completely out of the ballpark - but I suppose that depends on who is doing it and who they intend to send to the eventual hearing. It could be that they'll planning to instruct a barrister to attend, hence that fee would be added to the solicitors' own costs.

trunnie

317 posts

287 months

Monday 23rd July 2007
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I wouldn't agonise too much about it, when I was doing my training contract one of the partners clients came in to say that he'd forgotten to file the forms again and his company had been struck off for the third time!! This was some time ago and hopefully he got a better admin system in place after that, otherwise he'll be continuing to enrich the legal profession.

I'd agree with lurking lawyer that £2k isn't out of the ballpark.

smartie

2,630 posts

303 months

Monday 23rd July 2007
quotequote all
do you not also have to pay up all the late filing fees for accounts and annual returns? Does the £2K include this maybe?