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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10623
Experience:  Barrister 17 years experience
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Good afternoon My father was a director of his company and

Resolved Question:

Good afternoon
My father was a director of his company and he died unexpectedly in July 2015. My mother /his wife (same person) was adviced to close down all his bank accounts including the business account. As his wife she was told that any of his money would be transferred into her account. Nevertheless, she went to the bank yesterday and was told that the money that was in his business account has been taken by the government. I contacted the Bona vacantia division and they advised me that in order for my mother to receive the money the company would need to be restored. I then contacted the companies house and they told me that they will not be able to restore the company as the deceased was the only director of the company. I would like to know if there is anything left that we could do to get the money as times are really hard right now.
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Dear Estelle, it is possible to make an application to court, in the name of your mother as an interested person, to put the company back on the register. Under English Company law, a court can put a company back on the register on the application of any interested person. Here, given that your father was the only director, an application is not possible in his name. So, instead, an application can be made in the name of his estate or by your mother, to put the company back on the register. I would advise you to get a solicitor with experience in the area of company law to help you make the application as you will need to prepare affidavits which set out why you want the application granted.
Expert:  Buachaill replied 1 year ago.
2. The application will have to be served on Companies House and advertised to all interested persons. However, it should be granted. In this way, the assets in the company can be dealt with by way of a winding up order of the company so that a dividend of them is given to your deceased father's estate. Then the assets which will then be in his estate can be dealt with in the normal way of administering your father's estate, so that your mother benefits as his next of kin.
Expert:  Buachaill replied 1 year ago.
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