Do you need the previous company reinstated?
We often hear from customers who had a company which has now been dissolved by Companies House. This may be due to several reasons but the most common is the failure to file documents. When a company fails to submit accounts, a confirmation statement or other documents, it may be removed from the register.
If it is only the company name that is of importance to you then you could simply register a new company with the same name (subject to availability). This option is cheap, simple and fast. This is often done when the dissolved company was dormant and simply ‘reserving’ the company name. However, it must be stressed that the new company will have a new number and is a new legal entity. It should not be passed off as the previous company.
Company Formation
- Full company documents
What if Companies House Dissolved the Company?
If you require the original company to be reinstated to the company register then the process will depend on why the company was dissolved.
If the company was dissolved by Companies House due to administrative error by the company officers then you may be able to apply for an administrative restoration. For example, Companies House may have removed a company for not filing the accounts.
In this circumstance, reinstating a dissolved company is not too difficult. This requires that all outstanding documents are filed and all penalties are paid. You will need to confirm that the company was trading at the time of dissolution and that it intends to continue trading following the restoration by completing form RT01. The fee for this at Companies House is £100 plus all outstanding fines and charges.
What if the Owners or Directors Dissolved the Company?
Where a company is voluntarily struck off by the company officers the process requires a court order to be issued. If you previously chose to dissolve a company and now wish to reinstate it then an application needs to be made for a court order to reinstate the company. The fee for this is usually £500 to £800 plus costs.
There are many specialist legal services that can assist with the court order application. The process is not quick and you will need to ensure all forms are completed accurately to avoid wasted payments to the court.
Companies are reinstated for many reasons including the release of assets, reclaiming land or property, reclaiming overpaid VAT, or to correct a previous error.