1. Why conduct a company restoration?

A company which has been struck from the register of companies may need to be restored so that is a legal entity operating under the Companies Acts.

2. What is a company restoration?

A restoration returns the name of the company to the register of companies and returns its legal identity. There are two types of restoration, administrative and through the High Court and the type of restoration required will depend on the length of time the company has been dissolved.

3. What is the process?

  1. Administrative Restoration: If less than 12 months has passed since the company was dissolved it may avail of the administrative restoration procedure and it can only be utilised by the company itself or an officer of or member. A creditor cannot use this procedure, nor can it be used if the company was removed from the register by way of liquidation. All outstanding CRO and Revenue filings must be brought up to date. Late filing penalties must also be cleared. The application must be lodged at the CRO and the filing fee for the restoration paid before the restoration can be processed. The process can take up to 2 weeks. If an officer of the company attends the CRO public offices between 10.30 and 12.00 with all the details relevant to the application it is possible for the restoration to be fast tracked to a same day procedure. The officer must remain in attendance while the application is checked. If everything is in order same day restoration will take place. The applicant needs to be conscious that the 12 month period does not expire as the cost of restoration will increase significantly after this. Owners management companies may in certain circumstances be entitles to use the administrative restoration process (but not the fast track) for up to six years.
  2. High Court Restoration: If a company has been off the register for a period of more than 12 months but less than 20 years it can apply to the Courts to be restored to the register of companies. In order to progress the application all outstanding CRO and Revenue filings must be brought up to date. Late filing penalties must also be cleared. It will be necessary to obtain a letter of no objection to the restoration from both the CRO, the Revenue Commissioners and the Chief State Solicitor. Counsel should be instructed to petition the High Court for the Restoration. 

4. What are the benefits to your business?

After restoration your business will again be operating as a legal entity and can once again enjoy all the benefits of being an Irish registered company. Any assets which had been vested in the Minister of Finance on the companies dissolution will be returned to the company. Anything done in the name of the company while it was not on the register will be treated as if the company had been on the register.

If you have any company law queries or require assistance in drafting company secretarial documentation, please feel free to contact David O'Connor (This email address is being protected from spambots. You need JavaScript enabled to view it.) or Anne Butler (This email address is being protected from spambots. You need JavaScript enabled to view it.) on 053 9100000.