If the directors seek to restore the company within 12 months, then they can avail of an administrative restoration (Note: If the Company is a Company Limited by Guarantee then it is within 6 years). However, if the company is dissolved for more than a year (or 6 years for a Company Limited by Guarantee), the directors must apply to the High Court for restoration. In either case, OmniPro can look after the process on behalf of your client. In the case of the more complex High-Court restoration, we will also engage and instruct our specialist legal partner on your behalf.

Administrative Restoration

The Administrative Restoration process requires the completion and submission of a H1 form along with all outstanding returns to the CRO within 12 months of the strike off. The submission must include all late filing fees up to a maximum of €3,600. All the financial statements filed as part of this return must be audited, and must be filed within 15 months of strike off. Note: A Company Limited by Guarantee that is struck off for a period greater than 1 year but less than 6 years, can arrange for an administrative restoration. They must file a H1-OMC among other items.

High-Court Restoration

A ‘standard’ High-Court restoration process has a number of requirements and steps, as detailed below. The company must be represented by a barrister, and the barrister, in turn, must be instructed by a practicing solicitor. The most common pitfall that companies encounter is not having their returns filed with Revenue; it is crucial that these returns are filed and up to date.