29 April 2021
In Guernsey, as in the United Kingdom, there is a relatively quick and easy process for restoring companies to the Register of Companies when they have been struck off and dissolved.
A company can be struck off the Register of Companies where:
An application for restoration to the Register of Companies can be made to the court pursuant to Part XX of the Companies Law by the following parties:
An application can be made to the Non-contentious Court, which sits on a Tuesday. The matter will then be dealt with 'on the papers' and no physical court attendance is usually required. However, if a party is likely to oppose the application to restore, an application should be made to the Ordinary Court and court attendance will be required. Any application must be accompanied by an affidavit detailing the reasons why the company was struck off and why it needs to be restored.
Notice of a proposed application for restoration is provided to:
If the entity is regulated or supervised by the GFSC, the GFSC must also be notified.
This notification allows for any comments or objection to be made to the restoration application. If any company fees are outstanding, payment will need to be arranged before the company can be restored. It is also important that written consent is obtained from any former directors who will continue as directors upon a restoration application being granted. Provided that no issues are raised, the application can then be made at the next sitting of the Non-contentious Court.
In certain circumstances (ie, where the company was struck off in error, in circumstances where it should not have been), an application can be made straight to the registrar under Section 371(10) of the Companies Law and an application to court is not required.
The court will have regard to the following:
This information will all be covered in an affidavit supporting the application referred to above.
For further information on this topic please contact Alex Horsbrugh-Porter or Victoria Randall at Ogier by telephone (+44 1534 514 000) or email (email@example.com or firstname.lastname@example.org). The Ogier website can be accessed at www.ogier.com.