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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My father has dementia and I have taken over his financial

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My father has dementia and I have taken over his financial affairs. I have power of attorney for this, established three years ago.
My father closed his business but did not remove its funds (approx £58,000) from the business bank account. These were then removed by the Treasury, which I gather is normal in these circumstances.
My father later re-established a company in the same name, but I'm not sure this helps.
I need to re-claim the monies on his behalf. I understand this requires a Restoration Application at the County Court, but my local County Court has not heard of this.
Do you know what forms I need, or how I can start this process?
Thank you, ***** ***** regards, *****
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I clarify did your father voluntarily close the company or was it closed because for example he failed to file returns at the due
Customer: replied 2 years ago.

He closed the company voluntarily because it was no longer trading. It wasn't bankrupt. I were no tax issues as far as I'm aware, though I do know he is due to file his (personal) tax at the moment and may not have done that.

Expert:  Joshua replied 2 years ago.
Thank you. In that case you are correct that a court order is required as this is not suitable for the simpler administrative restoration. Do be aware that you cannot act for your father in his capacity as director of the company and the authority as an attorney. This is because appointment as a director is personal under the provisions of the Companies Act and cannot be delegated. However, this should not pose an impediment because there is no difficulty with your acting on behalf of your father as shareholder in the company and the following order can be made by a shareholder so this is not a particular difficulty but it is useful to know. You can be appointed as a director of a company by voting as a shareholder to appoint you personally as a director (this goes off topic somewhat at this point). In order to seek a court order you will need to complete form N208:http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=424 The form will need to be sent to the court nearest to the companies previous registered office that deals with insolvency applications - restorations are dealt with under insolvency law irrespective of whether the company was actually insolvent. The nearest cout to the registered office can be found here:https://courttribunalfinder.service.gov.uk/ You will need to include a witness statement containing the following information with your application:full particulars of the interest of the person signing the Witness Statement - here this would be your fathers interest as you sign on behalf of your father as attorney; the date of incorporation of the Company and under which Act, the Certificate of Incorporation should be exhibited; the address of the registered office of the company; the Memorandum and Articles of Association and should be exhibited; the share capital of the Company, both authorised and issued, and, if a member makes the application,the number of shares held by your father.The names of the officers, (director(s) and secretary) of the company; a full explanation of the reasons why the name of the Company was struck off the Register of Companies; the date on which the Registrar of Companies struck the name of the Company off the Register and the dateon which notice thereof was published by your father in the “London Gazette”; if applicable that the Company is solvent and carrying on business, if that is the case; alternatively that the sole reason for seeking restoration is to recover the funds in a company bank account as is likely the case here, any other information that explains the reason for the application - which will include that you are acting as attorney and include a copy of your registered LPA/ The above statement and claim form will need to be sent in triplicate to the above court. The court will return your copies with a seal and you must then send a sealed copy to each of: The Registrar of CompaniesRESTORATION SECTIONCompanies HouseCrown WayCardiff CF14 3UZDX: 33050 Cardiff and The Treasury SolicitorOne Kemble StreetLondon WC2B 4TS Unless either of the above parties object the matter will often be dealt with without a hearing but if there is any objection or any other issue which can only be determined by hearing, a hearing date will be set and you will be required to attend. If there are any penalties owing to Companies House you will need to settle these before the order is granted. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me.
Customer: replied 2 years ago.

Thank you, ***** ***** a very helpful and comprehensive answer. Assuming there are no objections from Companies House or the Treasury Solicitor, what is the actual process of returning the funds, and how long might this take? Do they send a cheque, place funds directly in his account? I believe I will need to set up a Power of Attorney account (in my name or his) as I know I'm legally required to keep his money separate from mine. Thanks, Lucinda

Expert:  Joshua replied 2 years ago.
No problem. Once you have the order then you must send the sealed copy of the order to Companies House. It will then restore the compny to the register.From there you need to contact the Treasury Solicitor to recover the funds themselves.The Treasury Solicitor’s Department (BV)One Kemble StreetLondon WC2B 4TSIn order to do so once the company is restored, assuming your father holds all the share capital or a majority of it you may need to appoint yourself or a trusted third party as a director of the company using your voting rights as acting as the shareholders attorney so you can make decisions and requests on the company's behalf and deal with the Treasury solicitor as above.An account will likely need to be opened in the company's name again in order to receive the funds. It may be possible to reopen any original account but if not a new account can be opened.Can I help you with anything else or has the above answered your questions satisfactorily?
Customer: replied 2 years ago.

Hi Joshua. One last thing: my father has already re-established the company. Initially he closed it last September but he incorporated it again on Feb 23 2015 with the same name. The possible trouble is: it's a different company number.

I believe the company bank account was never closed: it was just cleared of all its funds.

Do I still need to go through the whole of the process outlined above?

I can't thank you enough for all this. I had no idea this service existed, but it's wonderful and I'm very grateful for your help so far.

Kind regards,

Lucinda

Expert:  Joshua replied 2 years ago.
That is a problem as you feared. A company with the same name is ***** ***** same company because it has a different company number. It is just like having two people with the same name. They may have the same name but they are completely different people and one cannot claim the others assets just byvirtue of having the same name.If the original company was closed leaving money in an account which has passed to the Crown Bona Vacantia (as it will have done) then having confirmed the existence of the money being held by the Crown with the Treasury Solicitor unfortunately the above process is what will need to be followed. It doesn't take all that long though and is largely a slightly labourious exercise in paperwork so its nothing to worry too much about. I am glad the above has been helpful. If I can assist any further as the situation develops please do not hesitate to revert to me. If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you. I really appreciate it.

Expert:  Joshua replied 2 years ago.
A pleasure. Best wishes

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