Companies Act 2014 section 740

Terms of court order on application under section 738

Section 740 sets out the conditions a court will normally attach to an order restoring a struck-off company to the register, covering applications by members or officers and by creditors.

• When a member or officer applies to restore a company, the court order will not take effect until all outstanding annual returns, Revenue statements, director appointments, registered office requirements, secretary appointments, and beneficial ownership filings are completed within a set timeframe.
• These conditions apply regardless of the original reason for the strike-off — every listed requirement must be satisfied, not just the one that triggered the removal from the register.
• When a creditor applies, the court directs named members or officers to procure delivery of outstanding returns and Revenue statements and to take reasonable steps to ensure a director is properly appointed and notified to the Registrar.
• In creditor applications, the court may also award the creditor the costs of bringing the restoration application, to be paid by the company.

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