Restoration Definition

GLOSSARY

Published by a ��Ӱ�� Corporate expert

What does Restoration mean?

A company may be restored to the register by court order or by the administrative restoration procedure. See also restoration by court order.

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Voluntary striking off and dissolution—checklist

Voluntary striking off and dissolution—checklist Step Notes/Resources Tick box when step complete or matter considered Preparing for voluntary strike off and preliminary checks Check that the company has not at any time in the previous three months:(1) changed its name(2) traded or otherwise carried on business(3) made a disposal of property for value where it held that property for the purpose of making a disposal for gain in the ordinary course of business, or(4) engaged in any other activityunless it carried out any of the above activities for the purpose of making the striking off application, concluding the affairs of the company or complying with a statutory requirement (such as filing the company's accounts or confirmation statement).Where the company has carried out an activity that does not fall within one of the exceptions, it will not be permitted to make an application for voluntary strike off until the requisite period of three months has passed. CA 2006, s 1004Voluntary striking off and dissolution Is the company party to...

Using IP as security: key issues—checklist

Using IP as security: key issues—checklist This Checklist is drafted from the lender’s perspective, and it is designed to highlight the key issues to consider and steps to follow when using IP as security, such as to: • consider the nature of the IP right • consider the type of security • consider ownership, duration, and third-party rights • consider validity and maintenance of the right • value the IP right • consider associated rights and property • register the security at the appropriate registry For further information on taking or perfecting security over IP, see: • Practice Notes: Taking security over intellectual property rights, Taking security over intellectual property—practical points, Perfecting security over intellectual property rights and registering security at an intellectual property registry and Effect of registering security at IP registries on priority of security interests • Precedents: Assignment of intellectual property by way of security, Agreement for assignment of patent by way of security in pursuance of loan agreement: Encyclopaedia of Forms and Precedents (21(1)) [1172], Mortgage...

Registrar's power to strike off a company no longer in business or operation—flowchart

Registrar's power to strike off a company no longer in business or

Voluntary striking off—flowchart

Voluntary striking off—flowchart View

General Optical Council—fitness to practise proceedings

General Optical Council—fitness to practise proceedings Who is the General Optical Council (GOC) The General Optical Council (GOC) is a body corporate created by the Opticians Act 1989 (OA 1989) to have the general function of promoting high standards of professional education, conduct and performance with an over-arching objective of the protection of the public. The GOC role is to protect, promote and maintain: • the health, safety and well-being of the public • public confidence in the professions they regulate • professional standards and conduct for Registrants and prospective Registrants, and • proper standards and conduct for business Registrants This Practice Note provides a guide to GOC fitness to practise proceedings, investigations, and applications to be restored to the Register. The GOC regulates registered Optometrists as well as Dispensing Opticians. In this Practice Note a ‘Registrant’ is: • a registered Optometrist • dispensing Optician • student Optometrists, or • a Registered Business This Practice Note should be read in conjunction with Practice Notes: Common principles in fitness to practise...

Energy legislation tracker 2017 [Archived]

Energy legislation tracker 2017 [Archived] ARCHIVED: This Practice Note has been archived and is not maintained. This Energy legislation tracker tool displays key upcoming legislation of interest to Energy lawyers from 1 January 2017. The tracker is divided into the following jurisdictions: • England and Wales • European Union Legislation will be displayed in reverse chronological order. Legislation that is only applicable to Wales will be indicated on the tracker. England and Wales Title Key date Topics See Details Ionising Radiations Regulations 2017SI 2017/1075 1 January 2018Comes into force • Nuclear licensing and regulation In force The Regulations set out a framework to ensure that occupational exposures to ionising radiations are kept as low as is reasonably practicable. The occupational elements of Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiations are transposed. The Ionising Radiations Regulations 1999 are revoked. See: The occupational elements of Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising...

Discover our 401 Practice Notes on Restoration

Letter of claim—breach of director’s duties

Letter of claim—breach of director’s duties [ ON THE HEADED NOTEPAPER OF THE CLAIMANT’S SOLICITORS ] FAO [RELEVANT NAME] [NAME OF DEFENDANT OR DEFENDANT’S SOLICITOR IF KNOWN] [ADDRESS LINE 1] [ADDRESS LINE 2] [POSTCODE] [DATE] Dear [insert] [PROSPECTIVE CLAIMANT’S NAME]—claim for breach of duty against [PROSPECTIVE DEFENDANT’S NAME] 1 [We write further to our letter dated [insert date of previous correspondence, if any].] 2 [As you know, we OR We] are instructed by [insert client’s full name] of [insert full address]. This is our client’s letter of claim against [you OR [name of defendant] OR further to the breach of [your OR his/her] duties as director of [insert company name] (‘the Company’). 3 [If you have OR [name of defendant] has ] relevant insurance in place, the insurer should be notified of this claim immediately. We would be grateful if you could kindly confirm the identity of the insurer by return.] 4 This letter is written to you pursuant to the Practice Direction for Pre Action...

Personal data processing provisions—pro-controller

DRAFTING FOR BREXIT: For the latest information on the impact of Brexit on the drafting, negotiation and enforceability of this Precedent, see Practice Notes: Brexit—implications for data protection, Brexit—drafting boilerplate clauses and Brexit—drafting commercial clauses. Definitions [In this Agreement:] Applicable Law means: (a) any law, statute, regulation, byelaw or subordinate legislation in force from time to time to which a party is subject and/or in any jurisdiction that the Services are provided to or in respect of; (b) the common law and laws of equity as applicable to the parties from time to time; (c) any...

Dive into our 26 Precedents related to Restoration

What is the position of a security holder if the company that created the security is dissolved?

What is the position of a security holder if the company that created the security is dissolved? This Q&A focuses on the impact the dissolution of a security provider can have on the ability of a security holder to effectively enforce its security. It also considers the position of a receiver appointed by the security holder prior to the dissolution of the relevant company. Summary If a security provider is dissolved as a matter of English law it is normally still possible for the security holder to enforce the security it holds by exercising the mortgagee’s power of sale. There may be circumstances in any particular case that make an application to restore the dissolved company to the register desirable to protect the security holder’s position. Circumstances where this issue commonly arises The problems associated with a security provider being dissolved while security is in force occur most often in real estate finance and other asset finance transactions. Typically, these issues arise where a special purpose...

The long leaseholder of a garage was a company that has been dissolved 13 years ago. How does the freeholder recover possession and/or forfeit the lease where the lease is silent on the matter? Will the leasehold have become bona vacantia?

The long leaseholder of a garage was a company that has been dissolved 13 years ago. How does the freeholder recover possession and/or forfeit the lease where the lease is silent on the matter? Will the leasehold have become bona vacantia? This will happen either after the registrar of Companies House has had reasonable cause to believe that it has ceased carrying on business (under section 1000 of the Companies Act 2006 (CA 2006)), following it having been wound up (under either Insolvency Act 1986 (IA 1986) or by act of the registrar under CA 2006, s 1001) or on the application of the company itself (under CA 2006, s 1003). In the case of insolvency, most leases will make provision for the landlord to forfeit the lease. Once a winding-up order has been made, however, the landlord may not commence proceedings to forfeit the lease without the permission of the court (IA 1986, s 130). When a company is dissolved, all property and rights whatsoever (other...

See the 87 Q&As about Restoration

Environment weekly highlights—5 December 2024

This week's edition of Environment weekly highlights includes: the Ministry of Housing, Communities and Local Government (MHCLG) and the Department for Energy Security and Net Zero (DESNZ)’s launch of a joint consultation on proposed reforms to the Energy Performance of Buildings regime, launch by the Department for Energy Security and Net Zero (DESNZ) of two consultations to expand the UK Emissions Trading Scheme, a consultation from the Environment Agency (EA) on proposed changes to its charging structure for greenhouse gas emissions schemes and a policy update from the Department for Environment, Food and Rural Affairs (Defra), outlining the government’s plans to introduce Simpler Recycling in England, along with guidance on applying to become a deposit management organisation (DMO) for the Deposit Return Schemes (DRS), household waste collection services in England, new workplace recycling requirements for England and a template to assist waste collection authorities in preparing written assessments for the collection of paper and card alongside other dry recyclable materials. It also covers the guidance published by the Environment...

Scottish Government publishes response to marine nature restoration consultation

The Scottish Government has published the response to its March 2024 consultation on legislative proposals for marine nature restoration. The consultation sought views on introducing a registration process for low-impact restoration projects and expanding the use of Marine Conservation Orders to protect restoration sites. After analysing the responses, the Government has decided not to proceed with the proposed legislation at this time. While there was general support for the intended outcomes, respondents expressed concerns about the proposed approaches to achieve them. As a result, the Government will prioritise developing a comprehensive marine and coastal restoration plan by 2025, as part of the Scottish Biodiversity Strategy. This plan will outline key actions and prioritise locations, habitats, and species for restoration. A stakeholder advisory group will also be established to support the development of the plan.

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