C4C3C2C1Part 31Dissolution and restoration to the register

Annotations:
Modifications etc. (not altering text)
C4

Pt. 31 power to apply (with modifications) conferred (E.W.S.) (1.12.2013) by Co-operative and Community Benefit Societies and Credit Unions Act 2010 (c. 7), ss. 4(1)(2)(c), 8(2); S.I. 2013/2936, art. 2

C3

Pt. 31 power to apply (with modifications) conferred (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), ss. 135, 154 (with Sch. 5)

C2

Pts. 1-39 modified (31.12.2020) by Regulation (EC) No. 2157/2001, Art. AAA1(3) (as inserted by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 97 (with regs. 140-145) (as amended by S.I. 2020/523, regs. 1(2), 5(a)-(f)); 2020 c. 1, Sch. 5 para. 1(1))

C6Chapter 3Restoration to the register

Annotations:
Modifications etc. (not altering text)

Supplementary provisions

C51033Company's name on restoration

1

A company is restored to the register with the name it had before it was dissolved or struck off the register, subject to the following provisions.

2

If at the date of restoration the company could not be registered under its former name without contravening section 66 (name not to be the same as another in the registrar's index of company names), it must be restored to the register—

a

under another name specified—

i

in the case of administrative restoration, in the application to the registrar, or

ii

in the case of restoration under a court order, in the court's order, or

b

as if its registered number was also its name.

References to a company's being registered in a name, and to registration in that context, shall be read as including the company's being restored to the register.

3

If a company is restored to the register under a name specified in the application to the registrar, the provisions of—

  • section 80 (change of name: registration and issue of new certificate of incorporation), and

  • section 81 (change of name: effect),

apply as if the application to the registrar were notice of a change of name.

4

If a company is restored to the register under a name specified in the court's order, the provisions of—

  • section 80 (change of name: registration and issue of new certificate of incorporation), and

  • section 81 (change of name: effect),

apply as if the copy of the court order delivered to the registrar were notice of a change a name.

5

If the company is restored to the register as if its registered number was also its name—

a

the company must change its name within 14 days after the date of the restoration,

b

the change may be made by resolution of the directors (without prejudice to any other method of changing the company's name),

c

the company must give notice to the registrar of the change, and

d

sections 80 and 81 apply as regards the registration and effect of the change.

6

If the company fails to comply with subsection (5)(a) or (c) an offence is committed by—

a

the company, and

b

every officer of the company who is in default.

7

A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 5 on the standard scale and, for continued contravention, a daily default fine not exceeding F1one-tenth of level 5 on the standard scaleF1one-tenth of the greater of £5,000 or level 4 on the standard scale.