National Companies Unit (NCU)
The process for applications for Company Restorations is set out in Companies Act 2014 (see sections 738, 739 and 740).
The application will be made on notice to:
- such other members or officers of the company at the date of dissolution as the Registrar, the Revenue Commissioners or the Minister for Public Expenditure and Reform, upon being notified of the application, indicate in writing should be joined as notice parties to the application
- there is delivered by such specified members or officers all outstanding statements as required by section 882 of the Taxes Consolidation Act 1997 in relation to the company to the Revenue Commissioners.
The notice parties to the petition are:
- the Companies Registration Office
- the Chief State Solicitors Office
- the Minister for Finance
- State Property Section
- the Revenue Commissioners.
In the case of the Revenue, true copy petitions must be served on both the Revenue Solicitor and the National Companies Unit.
Before the Revenue Solicitor can issue a letter of no objection to the application on behalf of the Revenue Commissioners all outstanding returns under all taxheads for both the pre-dissolution period and the period of dissolution, together with accounts and computations to vouch the returns must be submitted and service of the Motion, Petition and Affidavit completed.
The affidavit of the petitioner must contain averments that:
- the outstanding returns have been made and are in order
- the petitioner undertakes on his or her own behalf and on behalf of the company to pay all outstanding taxes within one month of the restoration order being granted.
The company remains unrestored until the order is delivered (to the Registrar of Companies) within three months from the date of the granting of the order by the court. Revenue' solicitor's legal costs are €530.00.
Next: Application for statement under section 140 of the Companies Act 2014