Companies Act 2006, section 1024

Application for administrative restoration to the register

Part 31 Dissolution and restoration to the register

(1)An application may be made to the registrar to restore to the register a company that has been struck off the register under [F1319—

(a)section 1000 or 1001 (power of registrar to strike off defunct company), or

(b)section 1002A (power of registrar to strike off company registered on false basis).F1319]

(2)An application under this section may be made whether or not the company has in consequence been dissolved.

(3)An application under this section may only be made by a former director or former member of the company.

(4)An application under this section may not be made after the end of the period of six years from the date of the dissolution of the company.

For this purpose an application is made when it is received by the registrar.

Definitions used in section 1024

the registrar

(3) In the Companies Acts“the registrar of companies” and “the registrar” mean the registrar of companies for England and Wales, Scotland or Northern Ireland, as the case may require.

Defined in s.1060(3) · see it in the full Act
the register

(2) The records relating to companies are referred to collectively in the Companies Acts as “the register”.

Defined in s.1080(2) · see it in the full Act
company

“company” means a company formed and registered under this Act, that is—

(a)

a company so formed and registered after the commencement of this Part, or

(b)

a company that immediately before the commencement of this Part—

(i)

was formed and registered under the Companies Act 1985 (c. 6) or the Companies (Northern Ireland) Order 1986 (S.I. 1986/1032 (N.I. 6)), or

(ii)

was an existing company for the purposes of that Act or that Order,

(which is to be treated on commencement as if formed and registered under this Act).

Defined in s.1(1) · see it in the full Act

(4) In this section and that Schedule “company” includes any body corporate.

Defined in s.1159(4) · see it in the full Act
director

In the Companies Acts “director” includes any person occupying the position of director, by whatever name called.

Defined in s.250 · see it in the full Act
member

(2) In sub-paragraph (1) “member” has the same meaning as it has by virtue of section 7(1) of that Act .

Defined in Sch.2 Pt.1 · see it in the full Act

Cases considering section 1024 (7)

Grupo Mexico SAB DE CV & Ors v The Registrar Of Companies For England And Wales & Ors

[2018] EWHC 1306 (Ch) · 25 May 2018

The provision identifies the power to apply for administrative restoration of an LLP struck off under the relevant statutory striking-off provisions. It formed part of the jurisdictional framework for Infund’s restoration. Administrative restoration may be sought only by a former member. The court held that Mr Garcia’s asserted former membership was false and material to the restoration application (see paras [69]; [79]–[95]).

Leon v Her Majesty's Attorney General & Ors

[2019] EWCA Civ 2047 · 22 November 2019

The court treated the expiry of the six-year period for restoring the dissolved company as the reason the appellant could no longer recover control of its assets through restoration (see paras [11]; [49]).

Robert Lulham & Anor v The Crown State Commissioners

[2025] EWHC 1572 (Ch) · 24 June 2025

The provision is identified as one route by which a dissolved company could have been restored to the register within six years of dissolution. That period had passed, making the dissolution irrevocable. (see para [6])

What each judgment says about section 1024 is in the case-law panel in the full Act.

Explanatory note

1273.This section provides that an application may be made to restore a company that has been struck off under sections 1000 or 1001; that it can be made whether or not the company has also been dissolved; that the application must be made by a former director or former member of the company, and that it must be made within six years of the date of dissolution.

All the explanatory notes for the Act

Amendments and notes

2 notes from legislation.gov.uk

Amendments

  1. F1319Words in s. 1024(1) substituted (26.10.2023 but only so far as it confers a power to make regulations or relates to the exercise of the power, 18.3.2025 in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 70(3), 219(1)(2)(b); S.I. 2025/349, reg. 2(c) text substituted prospectively or the amendment may be in effect for limited purposes, see the commentary.

Modifications

  1. C1416Ss. 1024-1028 applied (with modifications) (1.10.2009) by The Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009 (S.I. 2009/1804), regs. 2, 56