Company Restoration Solicitors in Glasgow, Scotland
When a limited company is dissolved and struck off the Companies Register, it legally ceases to exist. This can create serious issues for directors, shareholders, creditors and anyone seeking to pursue a legal claim against the company.
Restoring Dissolved Companies in Scotland
At Miller Samuel Hill Brown, our Company Restoration Solicitors in Glasgow advise clients across Scotland on restoring dissolved companies to the Register of Companies. Whether you are seeking to recover company assets, continue trading or raise a legal claim against a dissolved business, we can guide you through the process. Call 0141 221 1919 or complete our online contact form to speak with our litigation team.
Need to restore a dissolved company? Speak to our litigation solicitors on 0141 221 1919 for early, practical advice.
What Happens When a Company is Dissolved?
A company may be struck off and dissolved for several reasons, including failure to file accounts or confirmation statements with Companies House, voluntary strike-off applications or insolvency-related matters.
Once dissolved, the company no longer exists as a legal entity. This can have significant legal and financial consequences.
Company Assets Pass to the Crown
Any assets owned by the company at the date of dissolution usually transfer automatically to the Crown as bona vacantia. This may include:
- Money held in company bank accounts
- Property owned or leased by the company
- Intellectual property
- Legal rights and claims
- Shares or investments
Restoration of the company is often required before those assets can be recovered.
Legal Claims Cannot Continue
If you intend to raise court proceedings against a dissolved company, the company generally requires to be restored to the register first.
This commonly arises where:
- A claim is being pursued against a former business
- Insurance recovery is sought
- A contractual dispute exists
- A personal injury claim involves a dissolved company
Our solicitors can advise on the appropriate restoration procedure and any associated court applications.
Restoring a Company to the Register
There are different methods of company restoration in Scotland depending on the circumstances of the dissolution and who is making the application.
Administrative Restoration
Administrative restoration may be available where a company was struck off by Companies House and certain eligibility requirements are met.
This process is commonly used by former directors or shareholders seeking to restore a company to continue trading or recover assets.
Court Restoration
Court restoration is required in more complex cases, including where a third party wishes to pursue a claim against the dissolved company.
An application is made to the court requesting that the company be restored to the Companies Register. If granted, the company is generally treated as though it had never been dissolved.
Our litigation lawyers can prepare and manage the restoration process on your behalf, including court proceedings where required.
Claims Against Dissolved Companies
In many situations, restoration is necessary before legal action can proceed against a dissolved company.
This may include claims involving:
- Breach of contract
- Professional negligence
- Property disputes
- Personal injury matters
- Insurance claims
- Debt recovery disputes
We can assess whether restoration is appropriate and advise on the prospects of recovering compensation or enforcing a claim. Learn more about debt recovery and our wider litigation and dispute resolution services.
Time Limits for Company Restoration
Strict deadlines may apply depending on the type of restoration sought. Delay can affect the availability of certain remedies or the ability to recover assets.
Seeking legal advice at an early stage can help protect your position and avoid unnecessary complications.
Why Choose Miller Samuel Hill Brown?
Our litigation solicitors have experience advising individuals, businesses, directors and creditors on company restoration matters across Scotland.
We provide practical legal advice focused on resolving issues efficiently and protecting our clients’ commercial interests.
Whether you require restoration to recover assets, continue business operations or pursue a legal claim, our team can assist.
Frequently Asked Questions
What is company restoration?
Company restoration is the legal process of returning a dissolved company to the Companies Register.
Can a dissolved company still be sued?
Usually, the company must first be restored before legal proceedings can continue.
What happens to company assets after dissolution?
Assets generally pass to the Crown as bona vacantia.
Who can apply to restore a company?
Directors, shareholders, creditors and other interested parties may apply in certain circumstances.
How long do I have to restore a company?
Time limits vary depending on the restoration method and circumstances.
Contact our Company Restoration Solicitors in Glasgow, Scotland
If your company has been dissolved or you need to pursue a claim against a dissolved business, our Company Restoration Lawyers in Glasgow can advise on the most effective next steps.
Call 0141 221 1919 or complete our online contact form and a member of our team will get back to you shortly.
Get in touch today
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