Guernsey Company Restoration
If your Guernsey company has been dissolved and you need it to recommence business, or you want to reclaim its assets, we can arrange a Guernsey company restoration for you.
It may be reinstated upon the submission of a representation to the Court which should be delivered to the Guernsey Financial Services Commission in draft prior to an application to the Royal Court.
| Guernsey Company Restoration fees | |
|---|---|
| Our Assistance fee to Restore Guernsey Company | £600 |
| Government Restoration fee | £825 |
| Government fees and penalties per year struck off | £270 |
| Resolution & filing fee to appoint new Guernsey registered agent | £300 |
| Registered Office and Resident Agent fee per year struck off | to be confirmed |
| Due Diligence – per Director & Shareholder | £80 |
| Company Search and checking the company file | £80 |
Timing
The process is quick and applications can often be processed and completed within 21 days, provided that the Comptroller and Registrar are satisfied and have not raised any queries.
Reinstatement of a Guernsey Company
Where a Guernsey company is dissolved all property becomes bona vacantia belonging to the Crown.
An application under provision must be made before a period of 10 years from the date the company was removed from the register.
A notice of intent to make an application to restore the company to the Register of Companies is made to the Guernsey Registry, the Guernsey Financial Services Commission, the Procureur and the Receiver-General.
The registry will carry out checks and provide confirmation of the outstanding fees, annual returns required before the company can be restored to the register. The Registry will publish that an application to restore the company has been made.
All property and liabilities that the company had before being struck off would be reinstated. The Court is further empowered to give such directions and make such provisions as it sees fit for placing a company and all other persons in the same position as if the company had not been dissolved.
Application for Reinstatement
An application to reinstate a company must be made by any director, member or creditor thereof, or any other person appearing to the Court to have a sufficient interest in making the application of the company which must be made within ten years of the date of dissolution.
The Guernsey Financial Services Commission and the Income Tax Comptroller must both provide their consent to the Reinstatement.
We will find out from the registrar what annual returns are outstanding, fees required for filing, late fees, interest and what the costs of considering the application will be.
We will also need to find out whether there are any outstanding tax liabilities of the company. All outstanding annual returns, taxes, fees required for filing, late fees and interest.
Once the relevant consents are received, the Representation can be lodged with the Greffier. The Representation must include:
- Details of how the company came to be dissolved or struck-off
- Why the company needs to be restored to the Register of Companies
- Information concerning the current activities of the company (if any); and
letters received confirming that they have no objection to the application. - The Representation needs to be signed by a Guernsey advocate for and on behalf of the applicant or by the applicant.
If the application is granted, a court order will be issued by the Court. The Reinstatement will come into effect on the date the Act of Court is issued and the dissolution of the company will be declared void.
Procedure
Payment to the Registrar is required of all sums which would have been payable by the company if it had not been dissolved and had each year delivered its annual validation.
The Court will not re-instate a company unless all outstanding fees, interest, costs, taxes have been paid to the relevant Guernsey authorities.
Any outstanding annual returns and other outstanding documentary requirements must also be completed and filed.