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Companies Act 2006

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Changes over time for: Section 1025

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Version Superseded: 26/10/2023

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Point in time view as at 04/03/2015. This version of this provision has been superseded. Help about Status

Changes to legislation:

Companies Act 2006, Section 1025 is up to date with all changes known to be in force on or before 09 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

1025Requirements for administrative restorationU.K.
This section has no associated Explanatory Notes

(1)On an application under section 1024 the registrar shall restore the company to the register if, and only if, the following conditions are met.

(2)The first condition is that the company was carrying on business or in operation at the time of its striking off.

(3)The second condition is that, if any property or right previously vested in or held on trust for the company has vested as bona vacantia, the Crown representative has signified to the registrar in writing consent to the company's restoration to the register.

(4)It is the applicant's responsibility to obtain that consent and to pay any costs (in Scotland, expenses) of the Crown representative—

(a)in dealing with the property during the period of dissolution, or

(b)in connection with the proceedings on the application,

that may be demanded as a condition of giving consent.

(5)The third condition is that the applicant has—

(a)delivered to the registrar such documents relating to the company as are necessary to bring up to date the records kept by the registrar, and

(b)paid any penalties under section 453 or corresponding earlier provisions (civil penalty for failure to deliver accounts) that were outstanding at the date of dissolution or striking off.

(6)In this section the “Crown representative” means—

(a)in relation to property vested in the Duchy of Lancaster, the Solicitor to that Duchy;

(b)in relation to property vested in the Duke of Cornwall, the Solicitor to the Duchy of Cornwall;

(c)in relation to property in Scotland, the Queen's and Lord Treasurer's Remembrancer;

(d)in relation to other property, the Treasury Solicitor.

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