Section 1033: Company's name on restoration

Companies Act 2006 · 2006 c. 46View on legislation.gov.uk

Part 31: Dissolution and restoration to the register — Chapter 3: Restoration to the register

A company is restored to the register with the name it had before it was dissolved or struck off the register, subject to the following provisions.

If a company is restored to the register under a name specified in the application to the registrar, the provisions of—

  • section 80 (change of name: registration and issue of new certificate of incorporation), and

  • section 81 (change of name: effect),

apply as if the application to the registrar were notice of a change of name.

If a company is restored to the register under a name specified in the court's order, the provisions of—

  • section 80 (change of name: registration and issue of new certificate of incorporation), and

  • section 81 (change of name: effect),

apply as if the copy of the court order delivered to the registrar were notice of a change a name.

If the company is restored to the register as if its registered number was also its name—

the company must change its name within 14 days after the date of the restoration,
the change may be made by resolution of the directors (without prejudice to any other method of changing the company's name),
the company must give notice to the registrar of the change, and
sections 80 and 81 apply as regards the registration and effect of the change.

If the company fails to comply with subsection (5)(a) or (c) an offence is committed by—

the company, and
every officer of the company who is in default.

A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 5 on the standard scale and, for continued contravention, a daily default fine not exceeding one-tenth of level 5 on the standard scaleone-tenth of the greater of £5,000 or level 4 on the standard scale.

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