What happens when you find that a Company has been dissolved and you:
- Want to bring a claim against it or its insurers; or
- The Company had an asset or you have just become aware that it is entitled to an asset.
You cannot bring a claim against a Company or its insurers whilst that Company remains “dissolved” and any assets that the Company had at the time of its dissolution will automatically vest in the Crown.
Depending upon what your relationship or interest is/was in the Company it might be possible to restore the Company back to Companies House Register, in effect “bringing it back to life”, as if it had not been dissolved in the first place. This will have the effect of re-vesting assets back in to the Company. This normally requires an application to be made to the Court unless it is possible to deal with it through the Companies House Administrative Restoration procedure.
In most circumstances (there are a few exceptions) an application to the Court must be made within 6 years of the date of dissolution of the Company. After that time, it is not possible to restore a Company to Companies House Register, and any assets of the Company will remain with the Crown for the Crown to deal with as it sees appropriate. However, there may still be some options available to you.
At Sydney Mitchell we are able to assist you in an application to the Court to restore the Company to Companies House Register. We can also assist in liaising with the Government Legal Department over assets that have vested in the Crown if the if the dissolution took place more than 6 years ago.
Please contact Leanne Schneider-Rose on 08081668827 / 0121 698 2211 if you require assistance with a dissolved company.
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