Part 10 Official receiver’s application for restoration
There are number of occasions where the official receiver will need to restore the company (see paragraph 38.78 and paragraph 38.81). This will usually be achieved with an application for restoration to court. However, in a small number of cases the registrar may restore the company to the register at the request of the official receiver
Companies House may make an administrative mistake, known internally as a system error, when dealing with the dissolution process. In these instances the registrar can restore the company to the register without the need for an application to court. The official receiver should ask the registrar to restore the company to the register in these circumstances. If the registrar does not make a system error the official receiver will need to make an application to the court to restore the company to the register.
Where notification of the winding-up order is received by the registrar in the interim period between the issuing of an instruction to gazette a notice of the company’s name having been struck off the register and the actual publication of the notice, then dissolution will occur [Note 1] and the registrar should be considered to have acted appropriately.
The Case Help Manual part Restoration of Companies sets out the action the official receiver needs to take to restore a company to the register. Further information may be obtained from the Treasury Solicitor.
If it is not possible to restore the company under its original name the official receiver must ensure that its name is changed. The official receiver should include the new company name in his/her application to the court together with a request for restoration under this name (see paragraph 38.86).
[Back to Part 9 – Restoration to the register, the legislation]