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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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RE Limited Company Restoration - I was in the middle of

Resolved Question:

RE Limited Company Restoration -

I was in the middle of a court case with an ex-employer regarding non-payment of wages for services rendered,  but the company was recently dissolved for non-compliance mere days before our dial date.

I'm now aware I could have been monitoring the company's status via the London Gazette, but until I was told about the dissolution, and began researching, I did not know the publication even existed. 

I have been told that it would be possible to make an application to the Court to restore the company to the register and that this would potentially allow me to continue to pursue my claim.  However, as the company is no longer trading, I wonder if there is any point?  For if they have no source of income, and are inactive post-restoration, how would they pay me compensation even if I should be successful with my claim?

Would they have to find a way of paying what is owed if sanctioned by a Court order (if successful), or would they simply claim bankruptcy and/or go into liquidation?  Could the directors become liable if the latter?

Many thanks.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Do the company have any assets?

Customer: I don't believe so.  Rented property, small company, only one shareholder (one of the former directors). No equipment worth more than £150–200 total I guess... if that.
Alex Watts :

Its bad news, there is no point.

Alex Watts :

If the company is struck off then the assets belong to the Crown

Alex Watts :

This means you can't pursue the,

Alex Watts :

them

Alex Watts :

The Directors are not liable.

Alex Watts :

Even if they restore the Company, the Company does not have to pay your debt, they can still refuse

Alex Watts :

Sadly the Directors are not liable for your debt.

Alex Watts :

If they went bankrupt then you would become a creditor

Alex Watts :

But they can't trade whilst struck off - assets belong to the Crown

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer: What if the ex-director continues to trade as a sole trader after transferring operations from the Ltd. company - then becoming inactive awaiting to be struck-off?
Alex Watts :

That is a matter which should be informed to Companies House

Customer: The company website displayed:(C) 2013 [name of Ltd. company without 'Ltd.'] then today, after yesterday's trial date, it changed to (C) April 2014 [name of individual sole trader &ex-director of Ltd. company] t/a [
Customer: name of Ltd. company without 'Ltd.']
Customer: Why would this be? As a member of the public I couldn't find any way to access any record or otherwise prove the legal status of tge currently-trading company, then suddenly, after the trial, it's advertised all over. Could this be linked to some strategic gain? Could I now benefit?
Alex Watts : Again you need to inform Companies House.
Alex Watts : but I don't think you can benefit, it is a matter between Companies House and the individual concerned.
Alex Watts : Does that clarify?
Customer: You're saying you don't know or can't say but go straight to Companies House...
Customer: Is that right?
Alex Watts : Yes I can't say for sure, but go straight to Co House.
Customer: Thank you
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