Who Can Apply to the Court to Restore a Company Back to the Register?

Generally, any of the following may make an application for the restoration:

• Any former director, member, creditor or liquidator
• Any person who had a contractual relationship with the limited company or who had a potential legal claim against the private company
• Any person who had an interest in land or property in which the company also had an interest, right or obligation
• Any manager or trustee of the company's former employees’ pension fund
• Any other person who appears to the Court to have an interest in the matter

For companies struck-off any of the parties who must be notified of the application can apply to the court within twenty years of dissolution for the name of the dissolved company to be restored to back to the register. The court may order a company restoration if it is satisfied that:

• The person was not given a copy of the company's application
• The company's application involved a breach of the conditions of the application; or
• For some other reason it is just to do so

The Secretary of State may also apply to the court for restoration if this is justified in the public interest. For companies struck-off at the instigation of the Registrar of Companies: the company, or a member or creditor of it, can apply to the court for restoration within twenty years of the dissolution. When a company applies for its own restoration, a member of the company must also be an applicant to give any necessary undertakings to the court.

Where a company is dissolved: the liquidator or any other interested party such as a creditor can apply to the court for the dissolution to be declared void. In most cases an application must be made within two years of dissolution, but it can be made at any time if its purpose is to bring proceedings against a company for: damages for personal injuries including any sum under Section 1(2)(c) of the Law Reform (Miscellaneous Provisions) Act 1934 (funeral expenses) or damages under the Fatal Accidents Act 1976 or the Damages (Scotland) Act 1976.