Applying for an LLP Court Order Restoration

To restore a Limited Liability Partnership (LLP) that was registered in England or Wales, you must submit a Part 8 claim form to apply for a court order for restoration, which initiates legal proceedings. The Companies Court Registrar in London will subsequently review your case regarding the restoration of the LLP in its chambers.

For an LLP registered in Scotland, the restoration process requires an application for a court order through either the Court of Session or the Sheriff Court. In the case of an LLP registered in Northern Ireland, the application must be made to the Registrar of Companies in Belfast.

The court will necessitate a comprehensive set of documents to facilitate the restoration of the LLP. This includes information about the LLP’s incorporation, its trading history, the circumstances surrounding its removal from the Register, and an explanation for the failure to submit accounts and annual returns to the Registrar. Additionally, you may need to provide justification for your restoration request and, in England, Wales, and Northern Ireland, submit a witness statement to support your application.

When restoring an LLP under a different name, the Registrar will aim to reinstate the LLP using its original name. However, if that name is unavailable, a name change for the LLP may be required. In such cases, you can propose an alternative name for the LLP. Upon successful restoration, the court will issue a change of name certificate.

Once the LLP is restored to the Register of Companies, it will be regarded as having continued its trading activities, and the court may implement measures to reinstate the LLP to its prior status before removal from the Register. Furthermore, the Registrar will publish a notice of restoration in the appropriate Gazette.