Generally, the UK court would require the following evidence from you for company restoration by court order. Usually, the evidence is organised into what the court called the court bundle. Seek legal representation if you are not familiar with the UK company restoration by court order procedure.
Court papers were served
Firstly, you must provide evidence that the originating document was served.
Bona Vacantia assets
Concurrently, you must enclose a written confirmation that the solicitor dealing with the bona vacantia assets has no objection to restoring your company. To prove this, you must provide a copy of the solicitor’s letter to the affidavit or witness statement unless your restoration is in Scotland.
Your company incorporation
Equally important, you shall supply information about when your company was incorporated and the nature of its objects. You may use your company incorporation as your supporting evidence for this purpose. For examples, a copy of the certificate of incorporation and the memorandum of association and, if appropriate, the articles of association.
Company officers
Also, you are to provide details of your shareholders, company directors and secretary.
Trading status
Additionally, you must give information about your company’s trading activity and when your business ceased trading if applicable.
Any overdue filings with Companies House
At the same time, you disclose the reasons If you have any overdue filings with Companies House. For example, your confirmation statement was not delivered to Companies House you did not receive the reminders from Companies House. This was due to oversight to update your company’s registered office address. Or your company accounts are late because your accounting data was destroyed by the flood.
Information on your company dissolution
Plus, you must give detail of the striking-off and dissolution of your company. In addition, you must also provide any other information that explains your restoration application.
Interested party
On top of that, you must submit full particulars of the interest of the person signing the witness statement.
Company registered office
And this, you must give your company’s registered office address. For this purpose, your address must be a physical address, not a P O BOX address.
Application by a member
And also this, If the application is by a member: that the company is solvent and carrying on business if that is the case.
Recover funds or property
Furthermore, you must state If the sole reason for seeking restoration is to recover funds in your company bank account or transfer a property registered in the name of your company etc.
Share capital
Lastly, you must provide your company’s share capital both authorised and issued. If a member makes the application, the number of shares held by that member.
Affidavit
Commonly, you can provide the evidence for company restoration by court order in England and Wales and in Northern Ireland in an affidavit or witness statement. However, In Scotland, the evidence can be provided in the petition to restore your company.
For further reading about company restoration by court order, click here.
