• PART 29 PART 29 DISSOLUTION AND RESTORATION TO THE REGISTER

    • CHAPTER 1 CHAPTER 1 STRIKING OFF

      • Registrar's power to strike off defunct company

        • 864. Power to strike off company not carrying on business or in operation

          (1) If the Registrar has reasonable cause to believe that a company is not carrying on business or in operation, the Registrar may send to the company a communication inquiring whether the company is carrying on business or in operation.
          (2) If the Registrar does not within one month of sending the communication receive any answer to it, the Registrar must within 14 days after the expiration of that month send to the company a second communication referring to the first communication and stating—
          (a) that no answer to it has been received, and
          (b) that if an answer is not received to the second communication within one month from its date, a notice will be published on the Registrar's website with a view to striking the company's name off the register.
          (3) If, within one month after sending the second communication, the Registrar—
          (a) receives an answer to the effect that the company is not carrying on business or in operation, or
          (b) does not receive any answer,
          the Registrar may publish on the Registrar's website and send to the company, a notice that at the expiration of three months from the date of the notice the name of the company mentioned in it will, unless cause is shown to the contrary, be struck off the register and the company will be dissolved.
          (4) At the expiration of the time mentioned in the notice the Registrar may, unless cause to the contrary is previously shown by the company, strike its name off the register.
          (5) The Registrar must publish notice on the Registrar's website of the company's name having been struck off the register.
          (6) On the publication of the notice on the Registrar's website the company is dissolved.
          (7) However—
          (a) the liability (if any) of every director, managing officer and member of the company continues and may be enforced as if the company had not been dissolved, and
          (b) nothing in this section affects the power of the Court to wind up a company the name of which has been struck off the register.

        • 865. Duty to act in case of company being wound up

          (1) If, in a case where a company is being wound up—
          (a) the Registrar has reasonable cause to believe—
          (i) that no liquidator is acting, or
          (ii) that the affairs of the company are fully wound up, and
          (b) the returns required to be made by the liquidator have not been made for a period of 12 consecutive months,
          the Registrar must publish on the Registrar's website and send to the company or the liquidator (if any), a notice that at the expiration of three months from the date of the notice the name of the company mentioned in it will, unless cause is shown to the contrary, be struck off the register and the company will be dissolved.
          (2) At the expiration of the time mentioned in the notice the Registrar may, unless cause to the contrary is previously shown by the company, strike its name off the register.
          (3) The Registrar must publish notice on the Registrar's website of the company's name having been struck off the register.
          (4) On the publication of the notice on the Registrar's website the company is dissolved.
          (5) However—
          (a) the liability (if any) of every director, managing officer and member of the company continues and may be enforced as if the company had not been dissolved, and
          (b) nothing in this section affects the power of the Court to wind up a company the name of which has been struck off the register.

        • 866. Supplementary provisions as to service of communication or notice

          (1) If the Registrar is not able to send a communication or notice under section 864 or 865 to a company in accordance with Schedule 4, the communication may be sent to an officer of the company at an address for that officer or agent that has been notified to the Registrar by the company.
          (2) If there is no officer of the company whose name and address are known to the Registrar, the communication or notice may be sent to each of the initial shareholders (if their addresses are known to the Registrar).
          (3) A notice to be sent to a liquidator under section 865 may be sent to the address of the liquidator's last known place of business or to an address specified by the liquidator to the Registrar for the purpose of receiving notices, or notices of that kind.
          (4) In this section "address" has the same meaning as in section 1008(1).

      • Voluntary striking off

        • 867. Striking off on application by company

          (1) On application by a company, the Registrar of companies may strike the company's name off the register.
          (2) The application—
          (a) must be made on the company's behalf by its directors or by a majority of them, and
          (b) must contain the prescribed information.
          (3) The Registrar may not strike a company off under this section until after the expiration of three months from the publication by the Registrar on the Registrar's website of a notice—
          (a) stating that the Registrar may exercise the power under this section in relation to the company, and
          (b) inviting any person to show cause why that should not be done.
          (4) The Registrar must publish notice on the Registrar's website of the company's name having been struck off.
          (5) On the publication of the notice on the Registrar's website the company is dissolved.
          (6) However—
          (a) the liability (if any) of every director, managing officer and member of the company continues and may be enforced as if the company had not been dissolved, and
          (b) nothing in this section affects the power of the Court to wind up a company the name of which has been struck off the register.

        • 868. Circumstances in which application not to be made: activities of company

          (1) An application under section 867 (application for voluntary striking off) on behalf of a company must not be made if, at any time in the previous three months, the company has—
          (a) changed its name,
          (b) traded or otherwise carried on business,
          (c) made a disposal for value of property or rights that, immediately before ceasing to trade or otherwise carry on business, it held for the purpose of disposal for gain in the normal course of trading or otherwise carrying on business, or
          (d) engaged in any other activity, except one which is—
          (i) necessary or expedient for the purpose of making an application under that section, or deciding whether to do so,
          (ii) necessary or expedient for the purpose of concluding the affairs of the company,
          (iii) necessary or expedient for the purpose of complying with any statutory requirement, or
          (iv) specified by rules made by the Board by resolution for the purposes of this sub-paragraph.
          (2) For the purposes of this section, a company is not to be treated as trading or otherwise carrying on business by virtue only of the fact that it makes a payment in respect of a liability incurred in the course of trading or otherwise carrying on business.
          (3) It is a contravention of these Regulations for a person to make an application in contravention of this section.
          (4) It is a defence to such a contravention for the person who committed the contravention to prove that he did not know, and could not reasonably have known, of the existence of the facts that led to the contravention.
          (5) A person who commits a contravention under this section shall be liable to a level 3 fine.

        • 869. Circumstances in which application not to be made: other proceedings not concluded

          (1) An application under section 867 (application for voluntary striking off) on behalf of a company must not be made at a time when—
          (a) an application to the Court under Part 25 has been made on behalf of the company for the sanctioning of a compromise or arrangement and the matter has not been finally concluded,
          (b) the company is in administration under Part 1 (administration) of the Insolvency Regulations 2015,
          (c) the company is being wound up under Part 3 (winding up) of the Insolvency Regulations 2015 whether voluntarily or by the Court, or a petition under that Part for winding up of the company by the Court has been presented and not finally dealt with or withdrawn,
          (d) there is a receiver appointed in respect of the company's property.
          (2) For the purposes of subsection (1)(a), the matter is finally concluded if—
          (a) the application has been withdrawn,
          (b) the application has been finally dealt with without a compromise or arrangement being sanctioned by the Court, or
          (c) a compromise or arrangement has been sanctioned by the Court and has, together with anything required to be done under any provision made in relation to the matter by order of the Court, been fully carried out.
          (3) It is a contravention of these Regulations for a person to make an application in contravention of this section.
          (4) It is a defence to such a contravention for the person who committed the contravention to prove that he did not know, and could not reasonably have known, of the existence of the facts that led to the contravention.
          (5) A person who commits a contravention of this section shall be liable to a level 3 fine.

        • 870. Copy of application to be given to members, employees, etc.

          (1) A person who makes an application under section 867 (application for voluntary striking off) on behalf of a company must ensure that, within seven days from the day on which the application is made, a copy of it is given to every person who at any time on that day is—
          (a) a member of the company,
          (b) an employee of the company,
          (c) a creditor of the company,
          (d) a director of the company,
          (e) a manager or trustee of any pension fund established for the benefit of employees of the company, or
          (f) a person of a description specified for the purposes of this paragraph by an execution decision of the Registrar.
          (2) Subsection (1) does not require a copy of the application to be given to a director who is a party to the application.
          (3) The duty imposed by this section ceases to apply if the application is withdrawn before the end of the period for giving the copy application.
          (4) A person who fails to perform the duty imposed on him by this section commits a contravention of these Regulations.

          If he does so with the intention of concealing the making of the application from the person concerned, he commits an aggravated contravention.
          (5) It is a defence to such a contravention for the person who committed the contravention to prove that he took all reasonable steps to perform the duty.
          (6) A person who commits a contravention of this section (other than an aggravated contravention) shall be liable to a fine of up to level 7.

        • 871. Copy of application to be given to new members, employees, etc.

          (1) This section applies in relation to any time after the day on which a company makes an application under section 867 (application for voluntary striking off) and before the day on which the application is finally dealt with or withdrawn.
          (2) A person who is a director of the company at the end of a day on which a person (other than himself) becomes—
          (a) a member of the company,
          (b) an employee of the company,
          (c) a creditor of the company,
          (d) a director of the company,
          (e) a manager or trustee of any pension fund established for the benefit of employees of the company, or
          (f) a person of a description specified for the purposes of this paragraph by rules made the Board by resolution,
          must ensure that a copy of the application is given to that person within seven days from that day.
          (3) The duty imposed by this section ceases to apply if the application is finally dealt with or withdrawn before the end of the period for giving the copy application.
          (4) A person who fails to perform the duty imposed on him by this section commits a contravention of these Regulations.

          If he does so with the intention of concealing the making of the application from the person concerned, he commits an aggravated contravention.
          (5) It is a defence to such a contravention for the person who committed the contravention to prove—
          (a) that at the time of the failure he was not aware of the fact that the company had made an application under section 867, or
          (b) that he took all reasonable steps to perform the duty.
          (6) A person who commits a contravention of this section shall be liable to a fine of up to level 7.

        • 872. Copy of application: provisions as to service of documents

          (1) The following provisions have effect for the purposes of—

          section 870 (copy of application to be given to members, employees, etc.), and

          section 871 (copy of application to be given to new members, employees, etc.).
          (2) A document is treated as given to a person if it is—
          (a) delivered to him in person, or
          (b) left at his residential or service address, or
          (c) sent by post to him at his service address.
          (3) For the purposes of subsection (2)(c), service (whether the expression "serve" or the expression "give" or "send" or any other expression is used) of documents by post is, unless the contrary intention appears, deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, effected at the time at which the letter would be delivered in the ordinary course of post and, as it applies in relation to that subsection, the service address of a person is—
          (a) in the case of a firm incorporated or formed in the Abu Dhabi Global Market, its registered office,
          (b) in the case of a firm incorporated or formed outside the Abu Dhabi Global Market—
          (i) if it has a place of business in the Abu Dhabi Global Market, its principal office in the Abu Dhabi Global Market, or
          (ii) if it does not have a place of business in the Abu Dhabi Global Market, its registered or principal office,
          (c) in the case of an individual, his last known service address.
          (4) In the case of a creditor of the company a document is treated as given to him if it is left or sent by post to him—
          (a) at the place of business of his with which the company has had dealings by virtue of which he is a creditor of the company, or
          (b) if there is more than one such place of business, at each of them.

        • 873. Circumstances in which application to be withdrawn

          (1) This section applies where, at any time on or after the day on which a company makes an application under section 867 (application for voluntary striking off) and before the day on which the application is finally dealt with or withdrawn—
          (a) the company—
          (i) changes its name,
          (ii) trades or otherwise carries on business,
          (iii) makes a disposal for value of any property or rights other than those which it was necessary or expedient for it to hold for the purpose of making, or proceeding with, an application under that section, or
          (iv) engages in any activity, except one to which subsection (4) applies,
          (b) an application is made to the Court under Part 25 on behalf of the company for the sanctioning of a compromise or arrangement,
          (c) an application to the Court for an administration order in respect of the company is made under sections 8 (administration application) or 17 (administration application to appoint specified person as administrators by holder of qualifying charge) of the Insolvency Regulations 2015,
          (d) an administrator is appointed in respect of the company under Part 1 (administration) of the Insolvency Regulations 2015, or a copy of notice of intention to appoint an administrator of the company under any of those provisions is filed with the Court,
          (e) there arise any of the circumstances in which, under Chapter 2 (voluntary winding up) of Part 3 (winding up) of the Insolvency Regulations 2015, the company may be voluntarily wound up,
          (f) a petition is presented for the winding up of the company by the Court under Chapter 6 (compulsory winding up) of Part 3 (winding up) of the Insolvency Regulations 2015,
          (g) a receiver is appointed in respect of the company's property is appointed.
          (2) A person who, at the end of a day on which any of the events mentioned in subsection (1) occurs, is a director of the company must secure that the company's application is withdrawn forthwith.
          (3) For the purposes of subsection (1)(a)(ii), a company is not treated as trading or otherwise carrying on business by virtue only of the fact that it makes a payment in respect of a liability incurred in the course of trading or otherwise carrying on business.
          (4) The excepted activities referred to in subsection (1)(a)(iv) are—
          (a) any activity necessary or expedient for the purposes of—
          (i) making, or proceeding with, an application under section 867 (application for voluntary striking off),
          (ii) concluding affairs of the company that are outstanding because of what has been necessary or expedient for the purpose of making, or proceeding with, such an application, or
          (iii) complying with any statutory requirement,
          (b) any activity specified in rules made by the Board by resolution for the purposes of this subsection.
          (5) A person who fails to perform the duty imposed on him by this section commits a contravention of these Regulations.
          (6) It is a defence to such a contravention for the person who committed the contravention to prove—
          (a) that at the time of the failure he was not aware of the fact that the company had made an application under section 867, or
          (b) that he took all reasonable steps to perform the duty.
          (7) A person who commits a contravention under this section shall be liable to a level 3 fine.

        • 874. Withdrawal of application

          An application under section 867 is withdrawn by notice to the Registrar.

        • 875. Meaning of "creditor"

          In this Chapter "creditor" includes a contingent or prospective creditor.

    • CHAPTER 2 CHAPTER 2 PROPERTY OF DISSOLVED COMPANY

      • Property vesting as bona vacantia

        • 876. Property of a dissolved company

          (1) When a company is dissolved, all property and rights whatsoever vested in or held on trust for the company immediately before its dissolution (but not including property held by the company on trust for another person) are deemed to be bona vacantia and—
          (a) accordingly belong to the Board, and
          (b) vest and may be dealt with in the same manner as other bona vacantia accruing to the Board.
          (2) Subsection (1) has effect subject to the possible restoration of the company to the register under Chapter 3 (see section 892).

        • 877. Board disclaimer of property vesting as bona vacantia

          (1) Where property vests in the Board under section 876, the Board's title to it under that section may be disclaimed by a notice signed by a person duly authorised by the Board.
          (2) The right to execute a notice of disclaimer under this section may be waived by or on behalf of the Board either expressly or by taking possession.
          (3) A notice of disclaimer must be executed within three years after—
          (a) the date on which the fact that the property may have vested in the Board under section 876 first comes to the notice of the Board, or
          (b) if ownership of the property is not established at that date, the end of the period reasonably necessary for the Board to establish the ownership of the property.
          (4) If an application in writing is made to the Board by a person interested in the property requiring him to decide whether he will or will not disclaim, any notice of disclaimer must be executed within twelve months after the making of the application or such further period as may be allowed by the Court.
          (5) A notice of disclaimer under this section is of no effect if it is shown to have been executed after the end of the period specified by subsection (3) or (4).
          (6) A notice of disclaimer under this section must be delivered to the Registrar and retained and registered by him.
          (7) Copies of it must be published on the website of the Registrar and sent to any persons who have given the Board notice that they claim to be interested in the property.

        • 878. Effect of Board disclaimer

          Where notice of disclaimer is executed under section 877 as respects any property, that property is deemed not to have vested in the Board under section 876.

      • Effect of Board disclaimer

        • 879. General effect of disclaimer

          (1) The Board's disclaimer operates so as to determine, as from the date of the disclaimer, the rights, interests and liabilities of the company in or in respect of the property disclaimed.
          (2) It does not, except so far as is necessary for the purpose of releasing the company from any liability, affect the rights or liabilities of any other person.

        • 880. Disclaimer of leasehold property

          (1) The disclaimer of any property of a leasehold character does not take effect unless a copy of the disclaimer has been served (so far as Board is aware of their addresses) on every person claiming under the company as underlessee, sublessee or mortgagee, and either—
          (a) no application under section 881 (power of Court to make vesting order) is made with respect to that property before the end of the period of 14 days be-ginning with the day on which the last notice under this paragraph was served, or
          (b) where such an application has been made, the Court directs that the disclaimer shall take effect.
          (2) Where the Court gives a direction under subsection (1)(b) it may also, instead of or in addition to any order it makes under section 881, make such order as it thinks fit with respect to fixtures, tenant's improvements and other matters arising out of the lease.

        • 881. Power of Court to make vesting order

          (1) The Court may on application by a person who—
          (a) claims an interest in the disclaimed property, or
          (b) is under a liability in respect of the disclaimed property that is not discharged by the disclaimer,
          make an order under this section in respect of the property.
          (2) An order under this section is an order for the vesting of the disclaimed property in, or its delivery to—
          (a) a person entitled to it (or a trustee for such a person), or
          (b) a person subject to such a liability as is mentioned in subsection (1)(b) (or a trustee for such a person).
          (3) An order under subsection (2)(b) may only be made where it appears to the Court that it would be just to do so for the purpose of compensating the person subject to the liability in respect of the disclaimer.
          (4) An order under this section may be made on such terms as the Court thinks fit.
          (5) On a vesting order being made under this section, the property comprised in it vests in the person named in that behalf in the order without conveyance, assignment or transfer.

    • CHAPTER 3 CHAPTER 3 RESTORATION TO THE REGISTER

      • Administrative restoration to the register

        • 882. Application for administrative restoration to the register

          (1) An application may be made to the Registrar to restore to the register a company that has been struck off the register under section 864 or 865 (power of Registrar to strike off defunct company).
          (2) An application under this section may be made whether or not the company has in consequence been dissolved.
          (3) An application under this section may only be made by a former director or former member of the company.
          (4) An application under this section may not be made after the end of the period of six years from the date of the dissolution of the company.

          For this purpose an application is made when it is received by the Registrar.

        • 883. Requirements for administrative restoration

          (1) On an application under section 882 the Registrar shall restore the company to the register if, and only if, the following conditions are met.
          (2) The first condition is that the company was carrying on business or in operation at the time of its striking off.
          (3) The second condition is that, if any property or right previously vested in or held on trust for the company has vested as bona vacantia, the Board has signified to the Registrar in writing consent to the company's restoration to the register.
          (4) It is the applicant's responsibility to obtain that consent and to pay any costs of the Board —
          (a) in dealing with the property during the period of dissolution, or
          (b) in connection with the proceedings on the application,
          that may be demanded as a condition of giving consent.
          (5) The third condition is that the applicant has—
          (a) delivered to the Registrar such documents relating to the company as are necessary to bring up to date the records kept by the Registrar, and
          (b) paid any penalties under section 431 that were outstanding at the date of dissolution or striking off.

        • 884. Application to be accompanied by statement of compliance

          (1) An application under section 882 (application for administrative restoration to the register) must be accompanied by a statement of compliance.
          (2) The statement of compliance required is a statement—
          (a) that the person making the application has standing to apply (see subsection (3) of that section), and
          (b) that the requirements for administrative restoration (see section 883) are met.
          (3) The Registrar may accept the statement of compliance as sufficient evidence of those matters.

        • 885. Registrar's decision on application for administrative restoration

          (1) The Registrar must give notice to the applicant of the decision on an application under section 882 (application for administrative restoration to the register).
          (2) If the decision is that the company should be restored to the register, the restoration takes effect as from the date that notice is sent.
          (3) In the case of such a decision, the Registrar must—
          (a) enter on the register a note of the date as from which the company's restoration to the register takes effect, and
          (b) cause notice of the restoration to be published on the website of the Registrar.
          (4) The notice under subsection (3)(b) must state—
          (a) the name of the company or, if the company is restored to the register under a different name (see section 891), that name and its former name,
          (b) the company's registered number, and
          (c) the date as from which the restoration of the company to the register takes effect.

        • 886. Effect of administrative restoration

          (1) The general effect of administrative restoration to the register is that the company is deemed to have continued in existence as if it had not been dissolved or struck off the register.
          (2) The company is not liable to a penalty under section 426 for a financial year in relation to which the period for filing accounts and reports ended—
          (a) after the date of dissolution or striking off, and
          (b) before the restoration of the company to the register.
          (3) The Court may give such directions and make such provision as seems just for placing the company and all other persons in the same position (as nearly as may be) as if the company had not been dissolved or struck off the register.
          (4) An application to the Court for such directions or provision may be made any time within three years after the date of restoration of the company to the register.

      • Restoration to the register by the Court

        • 887. Application to Court for restoration to the register

          (1) An application may be made to the Court to restore to the register a company—
          (a) that has been dissolved under Part 10 (dissolution) of the Insolvency Regulations 2015,
          (b) that is deemed to have been dissolved under Part 10 (dissolution) of the Insolvency Regulations 2015, or
          (c) that has been struck off the register—
          (i) under section 864 or 865 (power of Registrar to strike off defunct company), or
          (ii) under section section 867 (voluntary striking off),
          whether or not the company has in consequence been dissolved.
          (2) An application under this section may be made by—
          (a) the Board,
          (b) any former director of the company,
          (c) any person having an interest in property—
          (i) that was subject to rights vested in the company, or
          (ii) that was benefited by obligations owed by the company,
          (d) any person who but for the company's dissolution would have been in a contractual relationship with it,
          (e) any person with a potential legal claim against the company,
          (f) any manager or trustee of a pension fund established for the benefit of employees of the company,
          (g) any former member of the company (or the personal representatives of such a person),
          (h) any person who was a creditor of the company at the time of its striking off or dissolution,
          (i) any former liquidator of the company,
          (j) where the company was struck off the register under section 867 (voluntary striking off), any person of a description specified by regulations under section 870(1)(e) or 871(2)(e) (persons entitled to notice of application for voluntary striking off),
          or by any other person appearing to the Court to have an interest in the matter.

        • 888. When application to the Court may be made

          (1) An application to the Court for restoration of a company to the register may be made at any time for the purpose of bringing proceedings against the company for damages for personal injury.
          (2) No order shall be made on such an application if it appears to the Court that the proceedings would fail by virtue of any law or regulation applicable to the Abu Dhabi Global Market as to the time within which proceedings must be brought.
          (3) In making that decision the Court must have regard to its power under section 890(3) (power to give consequential directions etc.) to direct that the period between the dissolution (or striking off) of the company and the making of the order is not to count for the purposes of any such law or regulation applicable to the Abu Dhabi Global Market.
          (4) In any other case an application to the Court for restoration of a company to the register may not be made after the end of the period of six years from the date of the dissolution of the company, subject as follows.
          (5) In a case where—
          (a) the company has been struck off the register under section 864 or 865 (power of Registrar to strike off defunct company),
          (b) an application to the Registrar has been made under section 882 (application for administrative restoration to the register) within the time allowed for making such an application, and
          (c) the Registrar has refused the application,
          an application to the Court under this section may be made within 28 days of notice of the Registrar's decision being issued by the Registrar, even if the period of six years mentioned in subsection (4) above has expired.
          (6) For the purposes of this section—
          (a) "personal injury" includes any disease and any impairment of a person's physical or mental condition, and
          (b) references to damages for personal injury include—
          (i) any sum in respect of funeral expenses claimed for the benefit of the estate of a person injured, where the death of such person has been caused by an act or omission which gives rise to a cause of action arising on such person's death, and
          (ii) damages arising where death of a person is caused by any wrongful act, neglect or default which is such as would (if death had not ensued) have entitled the person injured to maintain an action and recover damages in respect thereof, notwithstanding the death of the person injured.

        • 889. Decision on application for restoration by the Court

          (1) On an application under section 887 the Court may order the restoration of the company to the register—
          (a) if the company was struck off the register under section 864 or 865 (power of Registrar to strike off defunct companies) and the company was, at the time of the striking off, carrying on business or in operation,
          (b) if the company was struck off the register under section 867 (voluntary striking off) and any of the requirements of section 868 to 873 was not complied with,
          (c) if in any other case the Court considers it just to do so.
          (2) If the Court orders restoration of the company to the register, the restoration takes effect on a copy of the Court's order being delivered to the Registrar.
          (3) The Registrar must cause to be published on the website of the Registrar notice of the restoration of the company to the register.
          (4) The notice must state—
          (a) the name of the company or, if the company is restored to the register under a different name (see section 891), that name and its former name,
          (b) the company's registered number, and
          (c) the date on which the restoration took effect.

        • 890. Effect of Court order for restoration to the register

          (1) The general effect of an order by the Court for restoration to the register is that the company is deemed to have continued in existence as if it had not been dissolved or struck off the register.
          (2) The company is not liable to a penalty under section 426 for a financial year in relation to which the period for filing accounts and reports ended—
          (a) after the date of dissolution or striking off, and
          (b) before the restoration of the company to the register.
          (3) The Court may give such directions and make such provision as seems just for placing the company and all other persons in the same position (as nearly as may be) as if the company had not been dissolved or struck off the register.
          (4) The Court may also give directions as to—
          (a) the delivery to the Registrar of such documents relating to the company as are necessary to bring up to date the records kept by the Registrar,
          (b) the payment of the costs of the Registrar in connection with the proceedings for the restoration of the company to the register,
          (c) where any property or right previously vested in or held on trust for the company has vested as bona vacantia, the payment of the costs of the Board—
          (i) in dealing with the property during the period of dissolution, or
          (ii) in connection with the proceedings on the application.

      • Supplementary provisions

        • 891. Company's name on restoration

          (1) 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.
          (2) If at the date of restoration the company could not be registered under its former name without contravening section 55 (name not to be the same as another in the Registrar's register of company names), it must be restored to the register—
          (a) under another name specified—
          (i) in the case of administrative restoration, in the application to the Registrar, or
          (ii) in the case of restoration under a Court order, in the Court's order, or
          (b) as if its registered number was also its name.
          References to a company's being registered in a name, and to registration in that context, shall be read as including the company's being restored to the register.
          (3) If a company is restored to the register under a name specified in the application to the Registrar, the provisions of—

          section 68 (change of name: registration and issue of new certificate of incorporation), and

          section 69 (change of name: effect),

          apply as if the application to the Registrar were notice of a change of name.
          (4) If a company is restored to the register under a name specified in the Court's order, the provisions of—

          section 68 (change of name: registration and issue of new certificate of incorporation), and

          section 69 (change of name: effect),

          apply as if the copy of the Court order delivered to the Registrar were notice of a change a name.
          (5) If the company is restored to the register as if its registered number was also its name—
          (a) the company must change its name within 14 days after the date of the restoration,
          (b) the change may be made by resolution of the directors (without prejudice to any other method of changing the company's name),
          (c) the company must give notice to the Registrar of the change, and
          (d) sections 68 and 69 apply as regards the registration and effect of the change.
          (6) If the company fails to comply with subsection 5(a) or (c) a contravention of these Regulations is committed by—
          (a) the company, and
          (b) every officer of the company who is in default.
          (7) A person who commits a contravention of these Regulations under subsection 6 shall be liable to a level 2 fine.

        • 892. Effect of restoration to the register where property has vested as bona vacantia

          (1) The person in whom any property or right is vested by section 876 (property of a dissolved company) may dispose of, or of an interest in, that property or right despite the fact that the company may be restored to the register under this Chapter.
          (2) If the company is restored to the register—
          (a) the restoration does not affect the disposition (but without prejudice to its effect in relation to any other property or right previously vested in or held on trust for the company), and
          (b) the Board shall pay to the company an amount equal to—
          (i) the amount of any consideration received for the property or right or, as the case may be, the interest in it, or
          (ii) the value of any such consideration at the time of the disposition,
          or, if no consideration was received an amount equal to the value of the property, right or interest disposed of, as at the date of the disposition.
          (3) There may be deducted from the amount payable under subsection (2)(b) the reasonable costs of the Board in connection with the disposition (to the extent that they have not been paid as a condition of administrative restoration or pursuant to a Court order for restoration).