Companies Act 1985

653 Objection to striking off by person aggrieved. E+W+S

(1) [F1 Subsection (2)] applies if a company or any member or creditor of it feels aggrieved by the company having been struck off the register [F2 under section 652].

(2) The court, on an application by the company or the member or creditor made before the expiration of 20 years from publication in the Gazette of notice under section 652, may, if satisfied that the company was at the time of the striking off carrying on business or in operation, or otherwise that it is just that the company be restored to the register, order the company’s name to be restored.

[F3 (2A) Subsections (2B) and (2D) apply if a company has been struck off the register under section 652A.

F3 (2B) The court, on an application by a notifiable person made before the expiration of 20 years from publication in the Gazette of notice under section 652A(4), may, if satisfied—

(a) that any duty under section 652B or 652C with respect to the giving to that person of a copy of the company’s application under section 652A was not performed,

(b) that the making of the company’s application under section 652A involved a breach of duty under section 652B(1) or (3), or

(c) that it is for some other reason just to do so,

order the company’s name to be restored to the register.

F3 (2C) In subsection (2B), “notifiable person” means a person to whom a copy of the company’s application under section 652A was required to be given under section 652B or 652C.

F3 (2D) The court, on an application by the Secretary of State made before the expiration of 20 years from publication in the Gazette of notice under section 652A(4), may, if satisfied that it is in the public interest to do so, order the company’s name to be restored.]

(3) On an office copy of [F4 an order under subsection (2), (2B) or (2D)] being delivered to the registrar of companies for registration the company [F5 to which the order relates] is deemed to have continued in existence as if its name had not been struck off; and the court may by the order give such directions and make such provisions as seem just for placing the company and all other persons in the same position (as nearly as may be) as if the company’s name had not been struck off.

Textual Amendments

F1 Words in s. 653(1) substituted (1.7.1995) by 1994 c. 40, s. 13(1), Sch. 5 para. 3(1)(2)(a); S.I. 1995/1433, arts. 2, 3(2)

F2 Words in s. 653(1) inserted (1.7.1995) by 1994 c. 40, s. 13(1), Sch. 5 para. 3(1)(2)(b); S.I. 1995/1433, arts. 2, 3(2)

F3 S. 653(2A)-(2D) inserted (1.7.1995) by 1994 c. 40, s. 13(1), Sch. 5 para. 3(1)(3); S.I. 1995/1433, arts. 2, 3(2)

F4 Words in s. 653(3) substituted (1.7.1995) by 1994 c. 40, s. 13(1), Sch. 5 para. 3(1)(4)(a); S.I. 1995/1433, arts. 2, 3(2)

F5 Words in s. 653(3) inserted (1.7.1995) by 1994 c. 40, s. 13(1), Sch. 5 para. 3(1)(4)(b); S.I. 1995/1433, arts. 2, 3(2)

Modifications etc. (not altering text)

C1 S. 653 applied (with modifications) (6.4.2001) by S.I. 2001/1090, reg. 4, Sch. 2 Pt. I

C2 S. 653(2) applied (with modifications) (E.W.) (1.11.1992) by Charities Act 1960 (c. 58), s. 30(4) (as inserted (1.11.1992) by Charities Act 1992 (c. 41), s. 10(1); S.I. 1992/1900, art. 3, Sch. 2).

S. 653(2) modified (E.W.) (1.8.1993) by 1993 c. 10, ss. 63(4), 99(1)

S. 653(2) extended (31.10.1994) by 1994 c. 21, s. 36(5) (with s. 40(7)); S.I. 1994/2553, art. 2

S. 653(2) extended (1.7.2005) by Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27), ss. 51(2), 65; S.I. 2004/3322, art. 2(3), Sch. 3 (subject to arts. 3-13)