Why might a Company be Restored After Dissolution?
There might be circumstances where it is beneficial that a dissolved company be restored to the register. For instance, the directors of the dissolved company may believe that it has some trading opportunity. A creditor of the dissolved company may apply for its restoration in order to claim for any amount receivable from the company. Similarly, there might be undisposed assets in the dissolved company which the directors or shareholders may want to retrieve.
How can a Dissolved Company be Restored?
The restoration process will depend on the time that has lapsed since the dissolution has taken place and the reason for dissolution.
- Where a twelve months period has not elapsed since the date of dissolution of a company, a director or member of the company can apply for ‘Administrative Restoration’;
- Where a company has been dissolved for more than 12 months, it can only be restored through ‘Court Order Restoration’.
How to Apply for Administrative Restoration?When applying for Administrative Restoration, certain requirements with regards to compliance, timelines and submission of documents need to be taken care of, which include the following:
- Filing of Form H1 within the 12 months period after the date of dissolution;
- Filing of Form B1 (Annual Return) along with the relevant financial statements;
- Where any changes are made to the company, the relevant forms should be filed along with Form H1. For instance, Form B10 (Change of Directors or Secretary, or change in their particulars), Form B2 (Change of Registered Office), or Form B73 (Nomination of a new annual return date) are required to be filed, where applicable;
- The Registrar ensures the compliance of the provisions relating to the bond requirement for EEA resident director.
The twelve months limit is of significance for submission of all the necessary documents. In case of any changes required to be made in such documents, these should be submitted within 15 months period. Where these deadlines are not met, the application will have to be made through the Court.
How to Apply for Court Order Restoration?
If the company is required to be reinstated after more than 12 months of its dissolution but before the expiry of 20 years, the application for restoration must be made to the Court. Also, where the company was dissolved as a result of liquidation, it can be restored through Court Order restoration.
A creditor wishing to reinstate a company can do so at any time by applying to the Court, before the expiry of 20 years from the date of dissolution.
When proceeding with a restoration through Court, it is always wise to seek legal advice.
How Can Fusion Formations Help You?
Our team is equipped with the professional expertise and knowledge to make the restoration process quicker and simpler for you.
Our package for Company Restoration comes for a price of €550.00 only. We ensure that all timelines, required forms and document submission essential to bring the company back to the register are complied with.