There are many instances in which a company can get struck off from the companies register. To begin with, it could be done on a voluntary basis, in which the directors no longer need it and make an application to close it off. They will be required to file all necessary documents. Also, it might be that the company has failed to file annual accounts as is required and within the right time. You can also have a business being struck off because it has been liquidated. In considering reinstating a company, there are various things to consider.
After a business gets struck off, the assets will not be available for use. Such assets can only usually be retrieved when one makes application at the courts to ask that they be restored. A business which is no longer registered will not be a legal entity anymore. That essentially means the company will not be able to do any trade, sue anyone or be sued or even get contracts, Further, they cannot own assets.
There are different reasons why one would want to have a business restored. For example, it might be that that business has the title to a certain asset, such as money in a bank or physical properties. That property or asset could be very important but to be recovered, it would need the business to be restored. Reinstating a business will also be needed when you are a third party and has unresolved claims against dissolution of the business. That would then mean you have to take action so that you are compensated.
Depending on how the business was struck off, there are two ways of having it reinstated. The two methods are court order restoration and administrative reinstating. Both of the processes are varied as regards the cost, time and complexity. Also, certain processes can only be used in specific circumstances. For instance, in the event that a business was struck off voluntarily, the only way to have it restored is through a court process.
You will need to hire an attorney to oversee the entire procedure. That is more so for court proceedings which are sensitive and complex. It is a procedure that will require that you coordinate with the government legal department and the registrar of companies. In certain instances, creditors, accountants and tax advisers will also have to be hired.
The process will also involves drafting different legal documents like claim forms or witness statements. Owing to the strict nature of the process of having a company reinstated, you will need to engage an attorney for preparation of all the required documents. The legal documents are supposed to be issued to the relevant parties. They are also supposed to be issued within the right time.
The charges for the services are dependent on the specific option that one chooses. You will find a good number of attorneys charging flat fees, while others have different payment structures. You will need to know the cost of services in time.
It will be important to understand what disbursements are. They are the fees which are charged by third parties. They include government legal department fees and court fees. The fees are collected from all relevant third parties and then paid off on behalf of the client.
After a business gets struck off, the assets will not be available for use. Such assets can only usually be retrieved when one makes application at the courts to ask that they be restored. A business which is no longer registered will not be a legal entity anymore. That essentially means the company will not be able to do any trade, sue anyone or be sued or even get contracts, Further, they cannot own assets.
There are different reasons why one would want to have a business restored. For example, it might be that that business has the title to a certain asset, such as money in a bank or physical properties. That property or asset could be very important but to be recovered, it would need the business to be restored. Reinstating a business will also be needed when you are a third party and has unresolved claims against dissolution of the business. That would then mean you have to take action so that you are compensated.
Depending on how the business was struck off, there are two ways of having it reinstated. The two methods are court order restoration and administrative reinstating. Both of the processes are varied as regards the cost, time and complexity. Also, certain processes can only be used in specific circumstances. For instance, in the event that a business was struck off voluntarily, the only way to have it restored is through a court process.
You will need to hire an attorney to oversee the entire procedure. That is more so for court proceedings which are sensitive and complex. It is a procedure that will require that you coordinate with the government legal department and the registrar of companies. In certain instances, creditors, accountants and tax advisers will also have to be hired.
The process will also involves drafting different legal documents like claim forms or witness statements. Owing to the strict nature of the process of having a company reinstated, you will need to engage an attorney for preparation of all the required documents. The legal documents are supposed to be issued to the relevant parties. They are also supposed to be issued within the right time.
The charges for the services are dependent on the specific option that one chooses. You will find a good number of attorneys charging flat fees, while others have different payment structures. You will need to know the cost of services in time.
It will be important to understand what disbursements are. They are the fees which are charged by third parties. They include government legal department fees and court fees. The fees are collected from all relevant third parties and then paid off on behalf of the client.
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