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KiQi House, 1 Trinity Street, Hanley, Stoke-on-Trent, ST1 5SL, UK
Opening Hours Mon - Fri: 11.00 am - 6.00 pm

Restore your Dissolved, Struck Off Ltd & LLP Company In UK

Many companies are struck off by the Registrar of Companies, and the directors only find out when the company’s bank account or other assets are blocked! Failure to file confirmation statement(s) or Accounts is the most typical reason. Frequently, businesses apply to be struck off, but fail to remove credit balances from their bank accounts first, or neglect to consider other assets.

All assets of a struck-off / dissolved company vest in the Crown (known as bona vacantia), so if the original company wants to keep or reclaim property, it must be reinstated to the Companies House register.

There are 2 procedures for restoring a dissolved company

  1. Administrative restorations and
  2. Restoration by court order.

If the company was dissolved through non-compliance, having been struck off the register due to the late filing or non-filing of documents (this could include – confirmation statement and annual accounts), administrative restoration may be applicable.

If the company was dissolved voluntarily (form DS01 filed by a director of the company), it cannot apply to be administratively restored and must use the ‘court order restoration’ route

https://companieshouse.blog.gov.uk/2018/06/22/restore-a-dissolved-company/

The process

  1. File form RT01 along with its £100 filing fee to apply for administrative restoration.
  2. Bona vacantia waiver letter (£64 fee). A confirmation letter that the Treasury Solicitor will have no objection to the restoration of the company in question and will upon restoration, release any assets held by the crown, back to the company. This must be obtained for any company with assets including a company bank account or property belonging to the company.
  3. All outstanding documents and fees required to bring the company’s filing record up to date. These documents will include the confirmation statement along with their £40 filing fee per form, and any overdue annual accounts.
  4. Reclaim bona vacantia after a dissolved company is restored to the register

Applying for a Bona vacantia waiver letter

You should apply to the Treasury Solicitor when your company owned any kind of property in England or Wales, and its last registered office was NOT in Cornwall, Lancashire, Merseyside or parts of Greater Manchester, Cheshire and Cumbria, known as the Duchies of Cornwall and Lancaster, you may need to apply to Farrer and Co. Before you complete any application form for a waiver letter you should carefully check whether the last registered office address was within the areas covered by Farrer and Co.

If your company owned any kind of property in Scotland or Northern Ireland, you will require a waiver letter from the Queen’s and Lord Treasurer’s Remembrancer, Scotland or from the Crown Solicitor’s Office, Northern Ireland.

To apply to the Treasury Solicitor complete application form BVC14:

Apply for a repayment after restoration of a company (RA15)

How to reclaim bona vacantia after a dissolved company is restored to the register.

You will need to submit the following documents as part of your application:

  • A completed RA15 application
  • A copy of the court order restoring the company or in case of an administrative restoration, an RT01 confirmation letter from Companies House
  • A completed Payment Authority form, only required where a repayment is being made to a third party, for example a personal account or an entity other than the restored company
  • If applicable, proofs of identity as per the requirements detailed below

Identification Requirements

Where the amount being repaid is less than £10,000

Generally BVD will not require proof of identity unless a third party payment is required.

https://www.gov.uk/guidance/apply-for-a-repayment-after-a-company-has-been-restored-to-the-register-cb4#how-to-apply

In circumstances where a repayment to an account other than that of the restored company is requested, you will need to provide two proofs of identity to support your application:

  • A certified copy of ID proving your name (e.g. Passport)
  • A certified copy of ID proving your residential address (e.g. Utilities bill or bank statement no more than 3 months old)

Where the amount being repaid is more than £10,000

Your application will automatically be subject to anti-money laundering checks. The identity requirements will therefore apply for:

  • The person who signs the RA15
  • The majority of company officers
  • Shareholders who hold 25% of or more of the shares in the restored company

Certification

Prior to submitting your proofs of ID, they will need to be certified as being true copies.

If you reside in the UK, this can be done either by:

  • Document Certification Service provided by the Post Office
  • A practising Solicitor

If you reside outside of the UK:

  • A Notary Public registered in your country of residence
  • A British Embassy, Consulate or High Commission
  • Courts or Justice Ministry services in your country of residence

Last updated 18/12/2021: Information on this page are for guidence only. check source for latest information:

https://www.gov.uk/government/collections/bona-vacantia-companies-guidelines