Paragraph 91 Application to court for restoration to the register (ss. 1029 to 1032)I1
United Kingdom
The following provisions apply where the company was dissolved or struck off the register before 1st October 2009.
In section 1029 (application to court for restoration to register), the references in subsection (1) to enactments under which a company may have been dissolved or struck off include corresponding earlier enactments (and for this purpose sections 1000 and 1003 of that Act are regarded as corresponding to sections 652 and 652A of the 1985 Act and Articles 603 and 603A of the 1986 Order).
No application under section 1029 may be made if an application in respect of the same dissolution or striking off has been made under section 653 of the 1985 Act or Article 604 of the 1986 Order (objection to striking off by person aggrieved), and has not been withdrawn.
Section 1030(4) (general time limit of six years) does not enable an application to be made in respect of a company dissolved before 1st October 2007, subject to sub-paragraphs (5) and (6).
If the company was struck off under section 652 or 652A of the 1985 Act or Article 603 or 603A of the 1986 Order, section 1030(4) does not prevent an application being made at any time before—
1st October 2015 (that is, six years after commencement), or
the expiration of the period of 20 years from publication in the Gazette of notice under the relevant section or Article,
whichever occurs first.
Section 1030(5) (extension of period for application where application for administrative restoration refused) applies in relation to the time limit under sub-paragraph (5) above as in relation to the time limit in section 1030(4).
Annotations
Commencement
- I1
Sch. 2 para. 91 in force at 1.10.2009, see art. 1(2)
Notes on Schedule 2
Modifications
- C1
Sch. 2 applied (with modifications) (31.12.2023) by The Resolution of Central Counterparties (Modified Application of Corporate Law and Consequential Amendments) Regulations 2023 (S.I. 2023/1313), regs. 1(2), 6