Section 708 (1) of the Companies Act, 2014, provides as follows:
“Where a company has been dissolved, the court may at any time within 2 years of the date of dissolution, on an application being made for the purpose by the liquidator of the company or by any other person who appears to the court to be interested, make an order, upon such terms as the court thinks fit, declaring the dissolution to have been void, and thereupon such proceeding may be taken as might have been taken as might have been taken if the company had not been dissolved.”
In summary, where a company has been liquidated, and has been dissolved for more than two years, it is not possible to restore the company to the Register.
Section 725 of the Companies Act, 2014 , deals with companies dissolved as a result of being struck off the Register of Companies. Such companies may be restored within a period of twenty years.
An England case, Bradley –v- Eagle Star Insurance Co. Limited ,found:
“Dart Mill Limited was voluntarily wound up in 1975 and dissolved in 1976. Under section 651 of the Companies Act, 1985, the company could not be restored to the register more than two years after it was dissolved. In the result the company no longer exists and is incapable by any means of being restored to existence.”
Section 651 of the England Companies Act, 1985, is in identical terms to Section 708 of the Companies Act, 2014.
For further information please contact Jim Stafford or Tom Murray on 01 661 4066 or jim.stafford@frielstafford.ie or tom.murray@frielstafford.ie