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  • Robert Emmet Bourke & Co.

Company Restorations with Robert Emmet Bourke & Company

We have extensive experience with company restorations and our process is both time and cost efficient. As a result, we understand the concerns of our business clients and we pride ourselves on delivering high end services and good results in a short time period.


If a company has been struck-off the Register the consequences are very serious and range from; the assets of the company being handed over to the State; it ceasing to exist as a legal entity (meaning it cannot bring legal proceedings, neither can legal proceedings be brought or maintained against it); the protection of limited liability is lost and the owners, members or directors trade in their personal capacity and are therefore personally liable; it can no longer secure finance and its directors may be subject to a disqualification order.


N.B: All applicants seeking to restore a company must show that they have been ‘disadvantaged’ by the strike-off.


There are two methods of restoring a company in Ireland;


1. Where a company has been struck-off for within the last 12 months


Also known as Administrative Restoration, in these circumstances an application for restoration can be made to the Registrar of Companies. The documentation required varies based on whether the company was struck off by the CRO or the Revenue. To restore a company that has been struck off within the last 12 months, the following criteria must be present;


a. officer of the company must be available to be present at the Companies Registration office to process the application for restoration and to process any other queries arising from the Companies Registration Office;

b. application must be made within 12 months of the company being struck off;

c. No share allocations may have been made during the period where the annual returns are being filed;

d. All outstanding annual returns must be filed at this point which may include all penalties & fees. 


We have considerable experience with these applications, and we are cognizant of the issues of concern to clients, as well as the real-life considerations for the business and its directors


Contact us to find out more about these types of restoration applications.  


2. Where a company has been struck off for more than 12 months ago


Restoration by Court Order is available provided that 20 years has not elapsed since the date of the companies dissolution, the company itself, or any member, may make an application to the High Court for restoration where the company was struck off voluntarily at the request of the company or by an officer or member of the company where the company was struck off for non-filing of annual returns, or at the request of Revenue for non-delivery of a statement. This process involves an application to the High Court, preparing court documents and attending before Court to move the application. Restoration by Court Order is a more complex and labour-intensive process than applications being for less than 12 months, and as such, the costs and fees are higher. As we process restorations of this kind once a month, every month, and we move all applications in Court on the same date, this efficient process allows us to pass the savings on to our clients.


Contact us to find out more about these types of restoration applications. 


If you have any restoration queries, or any questions arising from any of the above information, please feel free to make contact with Robert Bourke at rbourke@reb.ie or on 01-5677320 and we will be happy to answer any questions you may have.  




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