Company and LLP strike-off, dissolution and restoration

Information supporting an application to restore a business to the register

Guide

You will need to present a range of information in support of an application to restore to the register a company or limited liability partnership (LLP) that has been struck off. Other than in Scotland, the court will require:

  • evidence that the originating document was served
  • written confirmation that the solicitor dealing with the bona vacantia assets has no objection to the restoration of the company or LLP - you must attach a copy of the solicitor's letter to the affidavit or witness statement (this does not apply in Scotland)
  • details of when the business was incorporated and the nature of its objects - attach a copy of the certificate of incorporation and, for a company, the memorandum of association and, if appropriate, the articles of association
  • lists of the members and officers of the business
  • the trading activity and, if applicable, when it stopped trading
  • an explanation of any failure to deliver accounts, annual returns or notices to the registrar
  • details of the striking-off and dissolution
  • comments on the solvency of the business
  • any other information that explains the reason for the application

In England, Wales and in Northern Ireland the above information must be provided in an affidavit or witness statement. In Scotland, it can be provided in the petition to restore.

The registrar will provide information to help with an application to the court. Before the court hearing, the registrar will normally require the delivery of any statutory documents to bring the company's or LLP's public file up to date. You should send these documents at least five working days before the hearing, to allow the registrar sufficient time to process or return them for amendment.

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