Company
Restorations

How do I reinstate my company in Ireland?

Once a company has been dissolved its assets are automatically transferred to the government and become the property of the state. If the company has been dissolved for less than a year it can be restored by Administrative Restoration. However, if the company has been dissolved for more than 1 year but less than 20 years the company may be restored by High Court Restoration.

Administrative Restoration of a company

Where a company has been struck off under section 733 Companies Act 2014, it may apply for restoration by filing within 12 months of the date of the dissolution.

A form H1 must be received within the period of twelve months after the date of dissolution of the company.

The following conditions must be met within 15 months of the date of dissolution of the company:

• All outstanding annual returns together with the financial statements which are required to be annexed to same pursuant to the provisions of the Companies Act 2014.
• Where a company has been struck off following default in compliance with Revenue Commissioner requirements, CRO require written confirmation from Revenue that all outstanding, if any, statements required by section 882 Taxes Consolidation Act 1997 have been delivered to them by the company.

The above documentation must be submitted to the CRO 1 day before the anniversary of the company being dissolved. If the deadline is missed the company will have to apply to the High Court to be restored.

High Court Restoration of a company

High Court Restoration involves an application be made to the below in accordance with Section 738 of the Companies Act 2014:

1. the Companies Registration Office (“CRO”). All outstanding Annual Returns and Financial Statements are required to be filed in the CRO together with the payment of all late filing penalties. Late filing penalties are capped at three years. The CRO will then issue a letter stating that they have no objection to the company being restored.
2. the Minister for Public Expenditure and Reform and a letter of no objection to the restoration of the Company is sought from the Chief State Solicitor’s Office.
3. the Revenue Commissioners. All outstanding Tax Returns are due to be filed together with any outstanding penalties to allow the Revenue to issue a Letter of No Objection
   
   

Affidavit & Petition

An Affidavit setting out the facts surrounding the dissolution of the company is prepared as is a Petition seeking the restoration of the company. These documents are sworn before a Commissioner for Oaths by a Director of the company. A date for the hearing in the High Court is then sought.

High Court Hearing

The Affidavit and Petition are presented at the High Court. If the Judge is satisfied that everything is in order, a High Court Order is issued. The High Court Order should be filed at the CRO within 28 days of being issued by the High Court.

If you are looking to restore a company, get in touch with us below.

How do I reinstate a company in Ireland?

Once a company has been dissolved its assets automatically become the property of the state. If the company has been dissolved for less than a year it may be restored by Administrative Restoration. However, where a company has been dissolved for more than 1 year but less than 20 years the company may be restored by making an application to the High Court for Restoration.

Administrative Restoration of a company

Where a company has been struck off under section 733 Companies Act 2014, it may apply for restoration by filing within 12 months of the date of the dissolution. The application for restoration requires a form.

Form H1 to besubmitted to the Companies Registration Office within the period of twelve months after the date of dissolution of the company.

The following conditions must be met within 15 months of the date of dissolution of the company:

• All outstanding annual returns together with the financial statements which are required to be annexed to same pursuant to the provisions of the Companies Act 2014.
• Where a company has been struck off following default in compliance with Revenue Commissioner requirements, CRO require written confirmation from Revenue that all outstanding, if any, statements required by section 882 Taxes Consolidation Act 1997 have been delivered to them by the company.

The above documentation must be submitted to the CRO 1 day before the anniversary of the company being dissolved. If the deadline is missed the company will have to apply to the High Court to be restored.

High Court Restoration of a company

High Court Restoration involves an application be made to the below in accordance with Section 738 of the Companies Act 2014:

1. the Companies Registration Office (“CRO”). All outstanding Annual Returns and Financial Statements are required to be filed in the CRO together with the payment of all late filing penalties. Late filing penalties are capped at three years. The CRO will then issue a letter stating that they have no objection to the company being restored.
2. the Minister for Public Expenditure and Reform and a letter of no objection to the restoration of the Company is sought from the Chief State Solicitor’s Office.
3. the Revenue Commissioners. All outstanding Tax Returns are due to be filed together with any outstanding penalties to allow the Revenue to issue a Letter of No Objection
   
   

Affidavit & Petition

An Affidavit setting out the facts surrounding the dissolution of the company is prepared as is a Petition seeking the restoration of the company. These documents are sworn before a Commissioner for Oaths by a director of the company. A date for the hearing in the High Court is then sought.

High Court Hearing

The Affidavit and Petition are presented at the High Court. If the Judge is satisfied that everything is in order, a High Court Order is issued. The High Court Order should be filed at the CRO within 28 days of being issued by the High Court.

If you are looking to restore a company, get in touch with us below.