We published a blog post on this topic, which goes into some detail, here.
We have since assisted a number of clients who had been advised elsewhere that they were able to use an “administrative restoration” of their company. In certain circumstances, it is simply not possible to use this procedure, and one has to use a “court restoration”.
The most common example is a company being wound up and dissolved via a voluntary strike off. This can be done for a multitude of reasons, and it is can often be prudent to strike off a company that is not trading. However, problems can arise if, for instance, it is discovered that the company was owed money.
if that happens, the money is usually paid into the former company’s bank account. The bank will usually refuse to release the money to the company, whose accounts will have been frozen when it was dissolved. The (grandly titled) Queen’s and Lord Treasurer’s Remembrancer (QLTR) will need to consent to the eventual release of those funds.
If a company is voluntarily dissolved, and it is discovered later that it has to be restored (whether to get access to funds to distribute to shareholders, or to pay a bill), then it can be a waste of time and money to try for an administrative restoration.
Miller Samuel Hill Brown LLP specialise in helping clients restore their companies to the Register, and we are happy to discuss a fixed fee arrangement to ensure that your costs are clear at the outset. We are also happy to liaise with the QLTR and Companies House on your behalf to ensure that your company is restored as quickly as possible.
Contact our Litigation Solicitors in Glasgow
Miller Samuel LLP is able to assist with either administrative or court restoration, and the underlying claim in respect of the latter. Should you require to have a company restored, or bring a claim against a dissolved company, our litigation team can ensure that you receive the best possible outcome. This article is for general information only. Nothing in this article should be taken as legal advice. If you have any queries on the content of this article please contact us.
