How do you reinstate a struck-off Gibraltar company?

A Gibraltar company that has been struck off can be restored by applying to the Registrar of Companies under section 414 of the Companies Act 2014. The Registrar may instead require the applicant to apply to the Supreme Court under section 415, and in our experience this happens often. Once restored, the company is treated as if it had never been struck off.

Who is this for?

Beneficial owners and directors of Gibraltar companies that have been struck off, whether for failure to file annual returns (section 411), under the Registrar's defunct-company procedure (section 412), or after a voluntary strike-off (section 413) that now needs reversing. Also relevant for members and creditors who feel aggrieved by a strike-off.

What does the reinstatement process involve?

Assessment

We establish which section the company was struck off under, when the Gazette notice was published, what filings and fees are outstanding, and whether the regulator's consent is needed. We also assess how likely it is that the Registrar will refer the application to court.

Filing outstanding obligations

All overdue annual returns, financial statements, and fees must be brought up to date before reinstatement can proceed.

Reinstatement application

We file the section 414 application with Companies House, with an affidavit prepared to court standard. If the Registrar refers the matter to court under section 415, we work with Ramparts or your own lawyers on the Supreme Court application.

Post-reinstatement compliance

Once reinstated, we ensure the company is brought into full compliance — current filings, updated registers, and ongoing administration.

How it works

1. 1

   Initial review

   We assess the strike-off history, outstanding obligations, and available reinstatement routes.

2. 2

   Clear arrears

   Prepare and file all outstanding annual returns, accounts, and pay overdue fees.

3. 3

   Application

   Section 414 application to the Registrar, and a Supreme Court application under section 415 if the Registrar refers it.

4. 4

   Restoration and compliance

   Company restored to the register. We bring it into full compliance and establish ongoing administration.

Key considerations

• Start with the Registrar route under section 414. Section 415(1) gives the Registrar discretion to require a Supreme Court application instead; allow for that contingency, without assuming that every case goes to court.
• Restoration is retrospective: the company is treated as having continued in existence as if it had never been struck off.
• Applications to the Registrar must be made within 10 years of the strike-off notice. After that, only the court can restore the company, under section 415(6).
• Court applications require legal representation. We work with Ramparts or your own lawyers.
• Once reinstated, the company needs proper ongoing administration to prevent being struck off again.

Frequently asked questions

• How long does reinstatement take?

  A restoration by the Registrar cannot be completed in less than 30 days from the Gazette notice, and the back-filings usually take longer than that. If the Registrar refers the matter to the Supreme Court under section 415, which in our experience happens often, add the time needed for the court application. We give a timetable after our assessment.

• What does it cost?

  The Companies House restoration fee is £200 within one year of strike-off, £500 between one and two years, and £1,000 after two years. On top of that are outstanding filing fees, late-filing charges, legal and court costs if the matter is referred to court, and our professional fees. We give a full estimate before starting.

• Can I recover assets from a struck-off company?

  Usually. Property that passed to the Crown as bona vacantia on dissolution is dealt with through the restoration. Section 416(2) expressly preserves court orders under section 415, which is another reason to plan for a court order where significant property is involved. Anything done with the property in the meantime may be hard to reverse.

• What if the company was struck off years ago?

  Applications to the Registrar under section 414 must be made within 10 years of the strike-off notice. After that, the Registrar of the Supreme Court may still restore the company under section 415(6) if it was carrying on business or in operation when it was struck off, or if restoration is otherwise just.

• Will the company have the same number and name?

  Yes. Reinstatement restores the company with the same registration number, name, and legal identity.

• Do I need a lawyer?

  For the section 414 application to the Registrar, we handle the process with you, including the affidavit. If the Registrar refers the matter to the Supreme Court under section 415, which in our experience is common, legal representation is needed and we coordinate with Ramparts or your own lawyers.