The process of registering a company name to the UK’s Register of Companies is fairly straightforward. However, there are some steps you must take to ensure that your application is successful. You cannot simply fill out a blank form and send it off to the registrar. There are several things that you must do yourself, or pay someone else to do, before submitting your completed application.
In most cases, you will need to provide evidence of the existence of your company, such as a certificate of incorporation or articles of association, along with copies of any contracts or agreements relating to the company. If you are applying for a limited liability partnership, you will also need to submit a proof of capital.
You will need to make sure that you have complied with all requirements under the Companies Act 2006, particularly those regarding the payment of registration fees. Failure to comply with these regulations could lead to fines or even imprisonment.
Once you have submitted everything necessary, you will receive a confirmation letter from the registrar. You will also be notified whether or not your application has been accepted. In some cases, you will be asked to complete additional forms before your application can be approved.
If your application has been rejected, you will be given reasons why. Make sure that you understand the reason behind the rejection and act accordingly. If you believe that the decision was incorrect, you can appeal against it.
1. Who makes the application
The applicant must make the application within 6 months of the date of the striking off order being served on him/her. If the applicant dies during the period he/she has to make the application, his/her executors or administrators shall make the application within 3 months of the death.
2. What happens next”
If the application is made within the prescribed period, the Registrar of Companies shall give notice to the Commissioner of Patents and Registration of Companies of the application. He/She shall then send copies of the application papers to the Commissioner of Patents AND REGISTRATION OF COMPANIES and to the person whose name had been removed from the register.
3. How long does the process take?”
After receiving the application, the Commissioner of Patents & Registration of Companies shall consider whether the application meets the requirements set out above. In particular, he/she shall examine whether the company concerned was actually carrying on business at the relevant times. If the commissioner decides that the application is valid, he/she shall inform the applicant accordingly.
4. When does the process end”
The Commissioner of Patents & Registration of Companies shall issue a decision within 12 months of receipt of the application. This decision shall be final. The registrar shall serve a copy of the decision on the applicant.
2. Courts that have the authority to issue the application
To find out which court has jurisdiction over an application to wind up, you need to know where the registered office of the company was located at the time it was dissolved. This is because certain county courts can deal with applications if:
the registered office is within their jurisdictional boundaries;
the issued share capital is less that £120,000;
and the court hasn’t been specifically excluded from having winding up jurisdiction.
The Index, which shows the county courts for a particular area, tells you whether a particular court has winding up (Bankruptcy) jurisdiction. You can use the court search tool to see if your local court has such jurisdiction.
Find out if your local court can deal with bankruptcy applications
3. How to Create an Application
The Claim Form is an important part of our procedure. You can find it here. In addition, you will need to complete the following documents:
1. A copy of the original invoice;
2. Proof of payment;
3. An explanation of how the damage occurred.
If you are unable to provide the above information within 10 days of receiving the claim notice, we reserve the right to deny the claim.
We encourage you to contact us immediately upon receipt of the claim notice. We will respond to your inquiry promptly.
Thank you for choosing Siam Commercial Bank.
4. Evidence needed
Evidence needed to prove that the Company has been dissolved before the Claimant files his Application.
The Claimant must provide evidence that the Company has been Dissolved.
The Claimant needs to explain how he intends to Restore the Company.
Any other information that explains the Purpose of the Application and to the Prospective of the Company if Restored
5. How to Make a Claim Form
A copy of the Claim Form and Supporting Documents must be served on the Registrars of Companies.
The Claim Form must bear an original court Seal.
Your Claim Form should include the name of you as the claimant and the date on which the proceedings commenced.
Claim Forms should be served within 14 Days of Filing the Claim.
Evidence must be filed with the Claim Form if it is to be taken into consideration in connection with the Claim.
In the case of a Company, the Secretary of State, or a Director of the Company must sign the Waiver.
Service of the Claim Form does not constitute service of Notice of Intention to Apply for Winding Up.
6. How to Handle the Claim Form and Supporting Documents
If you are claiming against a UK company, the Claim Form must be served on the company’s Registered Office. This is usually the address shown on the company registration documents. You can find out where the company’s registered office is by contacting the registrar of companies.
The Claim Form and supporting evidence must be sent to the Registrar of Companies Restoration Section. To do this, you will need to contact the Registrar of Companies. They can provide you with the name and address of the restoration section.
You must send the Claim Form and supporting evidence by registered post. You can use the standard envelope supplied by the Post Office. Alternatively, you could use a special envelope marked “Claim Form”.
When sending the Claim Form and supporting documentation, make sure that it is correctly addressed. The address of the company’s Register of Companies must be clearly written on the front of the envelope. In addition, write the words “claim form” on the outside of the envelope.
The Claim Form must be accompanied by a letter stating why you want to recover the money. Include your full name, postal address, telephone number and email address. Make sure that the letter includes your signature.
Once you receive a reply from the Registrar of Companies Restoration section, you will need to check whether they have accepted your claim. If they have accepted your claim, you will need to complete the enclosed Claims Form and return it to the Registrar of Companies.
Please note that if you are claiming against a company that is not incorporated in England or Wales, the Claim Form and supporting documents must be served on the Sender’s Solicitors. These solicitors will take care of serving the Claim Form and supporting document on behalf of the company.
7. Who attends the hearing
You must be present at the hearings. If you cannot attend, you are entitled to send someone else to represent you. However, there is no absolute right of attendance. In some cases, the committee may decide that it is not necessary to hear from you. For example, if you have already been interviewed by the committee, or if you do not wish to testify about matters covered in the report, you may choose not to attend.
8. About costs and penalties
The cost of registering a company varies depending on the type of company being formed. If you are forming a limited company, it will generally cost about £200 to register. This includes filing fees, VAT registration, and accountancy fees. For sole traders, there is no registration fee. There is also a small administrative fee of £30 per annum.
If you fail to file a return or pay a tax bill within the statutory period, HMRC can issue a penalty notice. The amount of the penalty depends on how late you are and whether you owe money to HMRC. You can appeal against a penalty notice.
9. What happens when the order is placed?
The order cannot be made online. You must send it to the registrar.
You must make sure you receive the order within 7 days of making it. If you do not receive the order within 7 working days, please contact us immediately.
If you are unable to pay the fee, we will refund the payment.
Please note that there is no guarantee that the order will be accepted.
10. Recovery of company funds
The Treasury Solicitor has published guidance on how to reclaim money paid into the Crown on the winding up of companies. This includes the following examples:
• If you are owed £1,500 by a company that went bust, you could claim back the money from the Treasury Solicitor.
• If you are due £5,000 from a company that went bankrupt, you can make a claim against the Treasury Solicitor for the amount.
• If you want to reclaim money paid into a bank account, you need to write to the bank and explain what happened.
• If you think you might be able to claim money from a company that went bust – for example, because it owes you money – you should check whether there is a way to do this.
You must ask the Treasury Slicitor to recover any Company fundsthat have been paid into the crown on dissolution
If you are owed money by a company that has gone bust, you should contact the Treasury Solicitor’s Bona Vacantia Division. Alternatively, you can contact the Government Legal department if your company had a registered office in Lancashire or Cornwall.
There is an additional charge of£300 per annum for every account which needs to be reclaimed.
Frequently Asked Questions
Who can petition the court to reinstate a company’s registration?
Companies House publishes information about companies every month. This includes whether a company is registered with HM Revenue & Customs (HMRC), what type of business it does, how long it has been operating, and where it trades. If a company ceases to trade, it will cease to exist. However, there are certain circumstances under which a company may remain active even though it no longer exists. These include:
• A company can continue to operate without being formally incorporated or having a name.
• A company can register itself as a corporation sole.
• A company may be struck off the Register of Companies following a winding up petition.
A company cannot reincorporate unless it is listed on the Register of Companies. If it is struck off the register, it must be reinstated before it can reapply to become a limited company.
If a company is struck off the register because it ceased to trade, you can apply to Companies House to have it restored to the register. To do this, you must show that:
• you were a director or a shareholder of the company at the time it was struck off the Register;
How long does it take to resurrect a defunct corporation?
When a company is dissolved, the directors must complete a form called a Notice of Dissolution. This needs to be filed with Companies House within 21 days of dissolution. Once this is done, the company cannot re-register under another name.
Once the notice is received, the company is placed into the dormant status and the administrators are appointed. These people act on behalf of the directors and creditors. They are responsible for winding up the affairs of the company.
After 2 years, the company is considered to be inactive and the administrators are required to file a statement with Companies House stating whether or not the company is still active or not. If it is deemed that the company is active, the administrators continue to wind up the affairs of the defunct company. However, if it is determined that the company is no longer active, the company is removed from Companies House records.