Members Restoration of a Company
A company can be Struck Off by the Registrar of Companies under the following circumstances:
- Company has failed to file an annual return
- Company has failed to make a statement of its particulars to the Revenue Commissioners
- Company is not carrying out business
Where a company is struck off as a consequence of failing to file an annual return the liability, if any, of every director, officer and member of the company continues and may be enforced as though the company had not been dissolved.
If any member, officer or creditor of the company is aggrieved at the company’s strike-off, they can apply to the Registrar of Companies for the restoration of the company within twelve months of the strike-off, providing that the Registrar is satisfied that all outstanding documents have been filed and all outstanding fees and penalties are paid, he can then restore the company to the register. Where the Registrar restores the company to the register, the company is deemed to have continued in existence as though it had not been struck-off.
After the 12 months period referred to above has expired, any member, officer or creditor of the company may apply to the High Court to have the company restored provided that the application is made within 20 years of strike-off.
Where the Court is satisfied that it would be just to restore the company to the register. The Court can also order, if it considers it appropriate, that the officers be held personally liable for any debts incurred by the company during the period of strike-off.