Get your company money back

Commonly, assets of your dissolved company become bona vacantia and passed on to the Crown. Generally, you can get your company money back after Companies House restored your company.

How to claim your bona vacantia assets

First of all, you must contact the Bona Vacantia Division of the Government Legal Department at the address below.

Treasury Solicitor

Government Legal Department
Bona Vacantia Division
PO Box 70165
London
WC1A 9HG
DX: 123240 Kingsway
Tel: 020 7210 4700 (press option 1)

If your company’s registered office is in Lancashire or Cornwall then you write to Messrs Farrer & Co at the address below.

Messrs Farrer & Co.

66 Lincolns Inn Fields
London WC2A 3LH
DX: 32 Chancery Lane
Tel: 020 3375 7000
Fax: 020 3375 7001

What you can claim back

Normally, you can claim back all the cash belongs to your dissolved company including those collected while your company was dissolved. In addition, you are also entitled to claim the net proceeds of the sale of any properties belong to your dissolved company sold by the Bona Vacantia Division while your company was dissolved.

Documents to submit to get your company money back

You must complete and submit the following documentation to the Bona Vacantia Division to get your company money back.

  • a completed application form RA15
  • a copy of the court order restoring the company or confirmation of administrative restoration from Companies House (whichever applies)
  • a Payment Authority where repayment is not being made payable to the company’s name
  • proof of identity.

Thereafter, send your documents to the following address.

Bona Vacantia – Cash Balance

Government Legal Department (BVD)
PO Box 2119
Croydon
CR90 9QU

Telephone: 020 7210 4700

Email: bvcbt@governmentlegal.gov.uk

Please use this email address for all enquiries relating to the cash assets of dissolved companies. On the other hand, take note that the Bona Vacantia Division does not provide legal advice including company restoration.

Lastly, If you have any questions about restoring your company, please contact Companies House directly or speak to our London accountants.

Serve court papers

Generally, you must serve your court papers to all parties involved in your company restoration by court order. Court papers here refer to the claim form bearing an original court seal and supporting evidence to restore your company.

Long story short, you must serve court papers to the following government bodies when restoring your company in England.

The Registrar of Companies

Restoration Section
Companies House
Crown Way
Cardiff CF14 3UZ
DX: 33050 Cardiff

The Treasury Solicitor

Government Legal Department
102 Petty France
Westminster
London SW1H 9GL
DX 123243 Westminster 12
Fax: 020 7210 3119

However, If your company’s registered office was in Lancashire or Cornwall, you must serve the Claim form and supporting evidence to the Solicitor to the Duchy of Lancaster / Duke of Cornwall:

Messrs Farrer & Co
66 Lincoln’s Inn Fields
London WC2A 3LH
DX: 32 Chancery Lane
Tel: 020 3375 7000
Fax: 020 3375 7001

Serve court papers by post

Companies House, the Government Legal Department and Messrs Farrer & Co will all accept service by post. Recorded delivery is recommended.

Alternatively, you may deliver your court papers to Companies House by hand during normal office hours at the Cardiff office or at the London office.

Companies House London

Ground Floor
80 Petty France
Westminster
London SW1H 9EX

Companies House Cardiff

Crown way
Cardiff
CF14 3UZ

The Treasury Solicitor or the Solicitor for the Duchy of Lancaster / Duke of Cornwall will write to you stating that no objection will be raised by the Crown to the order being made. The Solicitor for the Duchy of Lancaster/Duke of Cornwall may charge a fee for this letter. Contact them directly to find out how much. You must then submit this letter to Companies House to restore your company.

Evidence for company restoration by court order

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.

The Gazette UK official newspaper

The Gazette is the UK official newspaper. The Gazette publishes legal notices of companies listed for striking off, restoration and also in an insolvency proceeding.

Three Gazettes

There are three Gazettes in the United Kingdom:

  • The London Gazette – for companies incorporated in England and Wales
  • The Edinburgh Gazette – for companies incorporated in Scotland
  • The Belfast Gazette – for companies incorporated in Northern Ireland

Companies House publishes legal notices in the Gazette

When you apply to strike off your company voluntarily with Companies House in the United Kingdom, Companies House will publish a notice in the Gazette.

Similar procedure when Companies House propose to strike off your company for failing to deliver your confirmation statement and/or your company accounts.

The purpose of the publication is for the public to see what is going on with your company, and invite any objections to come forward before your company is being dissolved.

Which Gazette Companies house will publish your notice will depend on your company’s registered office address. For instance, if your company was incorporated in England then your company dissolution notice will be published in the London Gazette for a few months before being dissolved.

You can also see notices of companies being restored and companies gone under receivership and administration in the Gazette.

The UK Official public record

The Gazette Uk official newspaper is the official public record in the United Kingdom. The newspaper is being updated every week. You may read more about the Gazette here.

Restore dissolved company

The Companies Act 2006 has brought in a new provision for a limited company to restore a dissolved company through administrative restoration. This is a simplified method of restoring a dissolved limited company without having to go through a court. The cost of administrative restoration is affordable than going through Court restoration process.

Administrative restoration is only possible if your limited company had not previously applied for a voluntary strike off. Another condition is that your limited company must not have been struck off for more than 6 years. Concurrently, you must be in business at the time of your company being dissolved by Companies House.

Documents required to restore your dissolved company

To begin with, you would have to bring your company filings up to date at the same time submitting for your administrative restoration application with Companies House.

The filings include the following documents.

  • Confirmation statement (Formerly known as the annual return).
  • Company accounts.
  • Companies House restoration form RT01.
  • Waiver letter from the Treasurer Solicitor.
  • Statutory filing fees payable to Companies House for the above mentioned submissions.

It is best to seek professional help if you are not familiar with Companies House company restoration procedure. You may contact a solicitor or an accountant to help you with this. Some company formation agents also provide such service.

Feel free to contact us if you require help in restoring your dissolved company. Our accountants will handle your restoration application from start to finish for you.

How to avoid Companies House strike off your company

First of all, it is very important that you make sure you could receive mails sent to your company’s registered office address. Companies House will strike off your company where mails and reminders sent to your registered office were returned to them.

For instance, this could happen when you moved office and that office was also your registered office and you forgot to notify Companies House. Understandably moving office is stressful, create a moving office checklist. Your top priority on the checklist is to change your registered office address.

Change registered office and SAIL address

You may change your registered office address with Companies House yourself or you ask an accountant or company formation agent to do it for you. Legally, you must notify Companies House of your new registered office address within 14 days. If you are going to Do It Yourself then you must use the Companies House form AD01.

In circumstances where your new registered office is a virtual office, you must also file the form AD02 to notify Companies House where you keep your company registers. For example, you work from home and you keep your company registers at home. In this case, your home address would be your Single Alternative Inspection Location (SAIL) to specify in your AD02 form.

Likewise, if you subsequently move away working from home to a new office, and your new office address is your registered office and also the place you keep your company registers. In this case, you notify Companies House of the change using the form AD01 and AD04.

Ordinarily, the events that trigger Companies House to take action to remove your company are two things. Either your company’s confirmation statement is overdue or company accounts is overdue or both. Furthermore, you have not responded to the reminders sent to your registered office.

%d bloggers like this: