Restoring a voluntary dissolution

[simmy]

Hi All,

Does anyone know the process involved in restoring a voluntarily dissolved company and waht the downside is?

Thanks,

[mahutchinson]

The downside would be the expense. You need to first be sure that the amount you are going to retrieve covers the costs and also decide how likely you are to be able to retrieve the amount if the company is restored. Current practice requires a court order so you probably need a lawyer to do this and the procedure will cost in the low thousands, maybe lower from a small high street solicitor (if they know what they are doing). Members, creditors, employees and directors not signing the original application can apply within 20 years of a section 652a application by the company for strike-off. If you mean that the company went into voluntary liquidation, then you only have 2 years to apply for restoration unless the claim involves personal injury or a fatal accident. See here http://www.companieshouse.gov.uk/about/pdf/gbw2.pdf

[David Griffiths]

You'd need to know what the upside is first. There's nothing to stop you registering another company with the same name if the first one has been dissolved.

[simmy]

Very grateful for the useful responses.

[mahutchinson]

The point of restoring a dissolved company is to retrieve a debt owing or instigate proceedings against it. If we are talking about simply retrieving it to use (which I did not believe we were) then definitely do not even consider it.