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Under the Companies Act 2006, s.1000 the Registrar of Companies, Companies House, has the power to strike off a company that they believe that it is no longer in use and is therefore no longer needed, though it is possible to restore a company in these circumstances. This is often the case where Companies House have sent out reminders for the completion of the company’s annual return or accounts which have not yet been filed. If Companies House do not receive any correspondence from the company’s directors in response to their reminders they may choose to begin the process to strike off the company. As with voluntary dissolutions, notice will be published in the Gazette to inform relevant stakeholders that the company is in the process of being struck off and a further letter will be sent to the company confirming this. Similarly, Companies House will allow three months for any objections to the dissolution before finally dissolving the company. If the company is needed, but has been dissolved in this manner it is possible for the former directors or former members of the company to apply to restore a company as per s.1024 of the Companies Act 2006. In such cases the company need not seek a court restoration and can instead apply for an administrative restoration. The administrative restoration process requires all outstanding Annual Returns, filing fees and late filing penalties to be provided to Companies House along with the application to restore a company. To restore a company please contact [email protected] for more information.
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