The procedure for company restoration applications changed on 1st October 2009 when the relevant provisions of the Companies Act 2006 came into force. The 2006 Act increases the time period in which an application can be made for restoration of a company to the register from 2 years to 6 years.

In the case of applications to restore a company for the purpose of bringing proceedings for personal injury, the previous time limit of 20 years (Section 653(2B) of the Companies Act 1985) was been removed and such an application may now be bought at any time.

Administrative Restoration Applications

The most important change to the restoration procedure is the introduction of the administrative restoration process under Section 1024 of the 2006 Act. If a company was carrying on business or was in operation at the time it was struck off, then an administrative application can be made by a director or member for the company to be restored the register. This process does not require a formal application to the Court and the Registrar of Companies will normally grant the application provided the following conditions are met:

• If any property or right previously held on trust for the company has vested “bona vacantia” the Treasury Solicitor must signify in writing his consent to the application;
• The applicant should pay the Treasury Solicitor’s costs, usually £100 on an administrative application;
• The company’s statutory records should be bought up to date and the company has to pay any outstanding penalties that were due at the date of striking off.

The application must be accompanied by a statement of compliance stating that the person making the application is a director or member and that the above requirements have been complied with.

Applications to the Court

Applications to the Court for restoration to the register are still necessary in circumstances where the criteria for administrative restoration are not met. The applications, made under Section 1029 of the 2009 Act will be necessary where the company is no longer carrying on business.  Whereas the 1985 Act specified that the application could be made by any person appearing to the Court to be interested, the 2006 Act also lists a number of specified persons who have grounds to make the application.

The Court still has a general discretion as to whether or not to grant the application. Once an Order for restoration is made, it will take effect when an office copy is delivered to the Registrar of Companies. This must be done within 7 days of the date of the Order. The applicant will usually be responsible for the Treasury Solicitors costs in the sum of £300.