Online LLP restoration service to the register: there are circumstances where a limited liability partnership (LLP) has been dissolved or struck off the register and it later needs to be reinstated. It is not always an easy process to reinstate the dissolved LLP, however, and the LLP restoration success cannot be guaranteed. Coddan, however, has long experience at helping to reinstate LLPs to the register at Companies House, and we know requirements how the reinstate a dissolved LLP with the Companies Registrar. We provide a swift and efficient new company formation, UK LLP restoration service with a highly competitive fee of only £850.00. You can be assured of the highest levels of professional LLP restoration work and attention at all times. It's extremely urgent for an LLP that's been struck off the register because of administrative delays or errors as they will want to be reinstated as quickly as possible so they can stay in business.
|Restoration of a Limited Liability Partnership To The Register|
Restoration of a dissolved LLP: we will help with the administrative restoration of an LLP, assist with restoring a dissolved LLP back to the register. The following services are included upon the restoration of a struck-off LLP: the preparation of all paperwork; the application at the Companies House & treasure solicitors; the service of documents on the defendants & receiving a letter of no objection (a waiver letter).
Restoring a dissolved LLP: it may be the case that an LLP didn't prepare and file its annual return and submit LLP annual accounts to the relevant authorities on time and was subsequently struck off the register of companies and LLPs - or that there were errors in the files. It could also be the case that an official office address was not maintained by the LLP, and for that reason it was struck off. Whatever the circumstances, Coddan will use its LLP restoration expertise and experience with the restoring of LLPs to try and get them reinstated. There are certain criteria that must be met under company and partnership law, including that the LLP must have been in business and trading when it was struck off and it must apply to be reinstated to the register within six years of being struck off.
The process of restoring the LLP involves updating all limited liability partnership records so that they're current, and filing reports and accounts that are either missing or have not been submitted. In addition, there may well be a number of fines and penalties that must be settled before the LLP can be restored. When all of this is done, the registrar will consider whether to restore the LLP to the register, and it's not certain that it will be. In cases where the LLP restoration is refused by government authorities, the decision can be appealed in the Court of Justice, and there are 28 days to file an appeal. Engage Coddan as your LLP formation agent, to make sure you get the best assistance when trying to restore your closed down or dissolved LLP back to the good standing.
LLP restoration: LLPs which have been dissolved or struck off the Register and wish to be restored at a later date have two options: either an administrative restoration or restoration through a court order, with no guarantee of a successful outcome. This is where Coddan can help. Coddan are experts in the field of LLP restoration, and can maximise your chances through their management of each stage of the complicated process, whichever route is taken. Coddan are also able to assist in cases where the registered name of the lapsed LLP has since been taken, or a similar one registered. Why risk rejection, when it makes sense to rely on the expertise of Coddan? If you need to restoring an LLP, you can also speak to our business advisors between 9.30am-6.00pm Monday to Friday by telephoning + (0) 207.935.5171 or + (0) 330.808.0089 (national rates).
Restoring a limited liability partnership to the register: after an LLP formation, and running a limited liability partnership (LLP) can be demanding in administrative terms. Documents like LLP annual returns and LLP annual accounts must be submitted to Companies House in good time. You must also maintain a registered office address to which all regulatory communications will be sent. From time to time an LLP may fall foul of these many regulations and as a consequence could be struck off the register.
This can happen when the LLP fails to submit statutory documents, where official correspondence is returned as undelivered or where the LLP does not appear to have any members. In these circumstances the registrar will send two official warning letters, querying whether the LLP is still in operation, to the registered office address. If these are not replied to he will place a notice in the relevant Gazette notifying of his intentions to strike off the LLP. If three months pass without response, the LLP will be struck from the register.
Reinstate the LLP to the register: it certain circumstances this may happen as the result of an administrative error. For example, there may be a mix up about the registered office address and correspondence may have gone astray. Similarly, annual returns may have been completed incorrectly and not recorded. This remains a serious matter for the LLP but it can in certain circumstances be reversed. Where the striking off is the result of an error, the LLP can be restored to the register in a process known as an "administrative restoration".
Certain criteria must be met for this to be considered. Firstly, the LLP must have been struck off under the terms of section 652 of the Companies Act 1985 or sections 1001 and 1001 of the Companies Act 2006. Next, it must have been trading at the time it was struck off and it must apply for restoration within six years of the striking off date.
Updating the register: for the administrative restoration to be successful, the LLP must bring the records up to date by submitting all missing returns and reports to Companies House. It must also settle all penalties and fines imposed for late or missing filings. Even then, limited liability partnership restoration is not certain and the registrar may decline to reinstate the LLP. In this case they will have 28 days to appeal the decision in Court. Where a third party has registered an LLP with a similar or identical name while the LLP has been struck off, the must be restored under a new name. In the first instance this could be the LLP's registration number but this must be changed to a new name within 14 days.
Dissolved LLP restoration to the register: if an LLP has been dissolved or stuck off the Register of Companies, you will be able to restore it in one of two ways: through an administrative restoration or through a court order. Applying for a court order restoration, if you fall into any of the following categories, you will be able to file an application for a court restoration of an LLP: -
You must make your LLP restoration application within six years of the date on which the LLP was dissolved or struck off. However, if you wish to bring a claim for personal injury, you may file your application at any time.
If you wish to restore an LLP that was registered in England or Wales, you must apply for a court order restoration by filling out a Part 8 claim form - a standard form that commences legal proceedings. The Registrar of the Companies Court in London will then hear your LLP restoration case in its chambers.
If you wish to restore an LLP that was registered in Scotland, you must apply for a court order restoration through the Court of Session or the Sheriff Court, while if you wish to restore an LLP that was registered in Northern Ireland, you must apply for a court restoration through the Registrar of Companies in Belfast.
To restore an LLP, the court will require you to provide a wide range of documentation, including details of the LLP’s incorporation, trading activity and removal from the Register, and an explanation of the LLP's failure to deliver accounts and annual returns to the Registrar. You may also have to provide a reason for your restoration application and, in England and Wales and in Northern Ireland, supply a witness statement in support of your application.
Restoring an LLP under a different name: the Registrar will seek to restore an LLP with its former name. However, if its former name is no longer available, an LLP name change may be necessary. If an LLP's former name is no longer available, you may state another name for the LLP. On limited liability partnership restoration, the court will then issue you with a change of name certificate.
The effect of Court Order restoration: once an LLP has been restored to the Register of Companies, it will be considered to have continued to trade and the court may make provisions to ensure that the LLP is put in the same position as it was before it was removed from the Register. The Registrar will also publish a restoration notice in the relevant Gazette.
In certain situations, Companies House may dissolve a limited liability partnership (LLP) because it appears that the business is not trading or is no longer in operation. This can happen where the LLP does not submit the necessary documents and annual return or annual accounts at the appropriate time, when official mail to the registered office is returned undelivered or when the LLP appears to have no members.
In this situation the registrar will send two formal letters to the registered office address, asking if the LLP is still in operation. If no response is forthcoming, he will place an advert in the appropriate Gazette stating his intentions to strike off the LLP. After three months of this notice, and in the absence of a response, the LLP will be struck off.
Restoring the LLP to the Register: clearly this is a serious matter if indeed the registrar is mistaken and the LLP wishes to continue trading. This situation can arise if there has perhaps been a mix up over registered offices or where returns have not been submitted properly. In this situation all is not lost because the LLP can apply for an "administrative restoration" to place the LLP back on the register.
For any LLP to be considered for an administrative restoration, it has to satisfy certain conditions. It must have been carrying on business at the time it was dissolved and it must have been struck off under sections 1000 and 1001 of the Companies Act 2006 or section 652 of the Companies Act 1985. It must apply to the registrar for restoration no later than six years after being dissolved.
Bringing the record up to date: in order for the administrative restoration to be considered, the LLP must submit all outstanding documents and reports to Companies House. They must also pay any outstanding fines and penalties associated with late filing. In some cases the registrar will not permit the administrative restoration and in this event the LLP has 28 days to apply to the court for restoration.
Other complications can occur where another LLP has adopted the same or similar name while the struck off LLP has been absent from the register. In this case the LLP will have to be reinstated under a different name. Initially, this can be the LLP's registration number but in this case a new name will have to be chosen within 14 days of restoration.
It is clear that the process for administrative restoration is complex and demanding. There is much paperwork to be completed, forms to be filled in and reports to be submitted. This can be daunting for any LLP and failure to complete the process correctly could lead to rejection and even more expense in the form of a court hearing.
As a successful LLP formation agent, Coddan Ltd works with clients at every stage of their businesses and is familiar with every Companies House procedure. It therefore makes sense to let us help with your LLP administrative restoration.