Companies are often struck off whilst still holding valuable assets, such as monies in a bank account or property registered in the company's name.

It can come as a shock to those involved that on the dissolution of the company these assets become the property of the Crown, the Duchy of Lancaster or the Duchy of Cornwall, depending on where the companies registered office was situated.

In order to recover these assets the company will normally have to be restored to the Register.

This involves the directors, shareholders or a creditor of the company making an application to the Court for a company restoration.

The consent of the Treasury Solicitor must also be obtained for a company restoration, because the Treasury Solicitor represents the Crown (ie the current holder of the assets) in the application.

As a condition of the company restoration, the Court will usually require any outstanding annual returns and accounts to be produced and filed at Companies House, and this can, in some cases, be a substantial cost for the company.

After the company restoration, the company is treated as if it had never been struck off the register. The assets are deemed to be back in the company's name, and then they can be removed from the company or, if required, the company can continue to trade.

Our company restoration service includes:

• all the documentation required to reinstate the company, including the court application, witness statements and court order;
  
  
• service of the court documents on relevant parties;
  
  
• liaison with the Treasury Solicitor to obtain their consent;
  
  
• liaison with Companies House to establish any requirements to file outstanding returns or accounts; and
  
  
• serving the court order at Companies House

With our company restorations service, where possible, we use the consent order system operated by the Companies Court in London. This removes the requirement to attend a formal court hearing if the consent of all relevant parties is obtained and the required process followed. This helps to keep the costs of the company restoration down.

This service is not appropriate if the company has been wound up by a liquidator or if the company is to be wound up by a liquidator after company restoration.

Next steps

Our company restoration service starts at £975 + VAT. Fees may increase for complex restorations.

In addition the following expenses will be incurred: court fees, Treasury solicitor's costs, Registrar of Companies' costs, and filing fees or late filing penalties (if applicable). These will be a minimum of £430. Download our information sheet and order form.

For more information on our company restoration service please contact our Corporate Legal Services team.