Hi, I'm looking for some advice. We dissolved our company last year voluntarily due to ill health. We didn't owe any money and it was all very easy. However in the year prior to dissolution we made a large investment into another company totally unrelated to us and have been trying to get this money back amicably. The company director has basically told us to go away as our company no longer exists. Is there a way to recover this money? We have proof it was paid and what for but unfortunately didn't pursue it at great length due to health problems and hoped it could be sorted in an amicable manner. It clearly can't. If we were to reinstate the company can we pursue it? Do we need to reinstate to pursue? Any advice would be great. Thank you
Dissolved Company owed money
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You say you dissolved your company. If your company was a limited company, it cannot be reinstated under the same company number.
Even if you opened a company with the same name, it would be a separate limited company and therefore would have no relationship with the dissolved company as both companies would be separate legal entities.Last edited by EnglandPi; 11th August 2021, 10:29:AM.
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You can restore a dissolved company and then pursue that other company but it is not cheap to do so. You need to make an application to the court, the government's Treasury Solicitor department needs to be informed and you will need to pay their fees too. Of course even if you do restore the company, there is no guarantee you could recover the money.
You will need to weigh up whether the cost of restoring the company and pursuing a legal action is offset against what is owed.
As it stands however, the company is dissolved and legally does not exist anymore, so you cannot sue that company without restoring the dissolved one.If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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LEGAL DISCLAIMER
Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.
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Originally posted by R0b View PostYou can restore a dissolved company and then pursue that other company but it is not cheap to do so. You need to make an application to the court, the government's Treasury Solicitor department needs to be informed and you will need to pay their fees too. Of course even if you do restore the company, there is no guarantee you could recover the money.
You will need to weigh up whether the cost of restoring the company and pursuing a legal action is offset against what is owed.
As it stands however, the company is dissolved and legally does not exist anymore, so you cannot sue that company without restoring the dissolved one.Last edited by EnglandPi; 11th August 2021, 16:28:PM.
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Originally posted by EnglandPi View Post
Thanks Rob, I learn something new every day with is forum.
https://www.gov.uk/restore-dissolved-companyIf you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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LEGAL DISCLAIMER
Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.
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