Gibraltar Company Restoration

We can restore your Gibraltar company after it has been struck-off the Gibraltar Register.

Good Standing Status

In order for the Registrar to issue a Certificate of Good Standing, your Gibraltar Company is required to be up to date in the filing of all its Annual Returns and Accounts.

Striking off a Defunct Company under the Companies Act

Under the Companies Act, the Registrar has a discretionary power to strike off any Gibraltar Company from the Register and can strike off from the register any company that has not filed annual returns in the previous three years.

Reinstatement of Struck Off companies under Section 414 of the Companies Act 2014 or Section 332(1) of the Companies Act 1930

Pursuant to section 414 of the Companies Act 2014, the Registrar has a discretionary power to restore a company to the Register of Companies if the company has been struck off under either of sections 411, 412 or 413 of the Companies Act 2014 before the expiry of 10 years from the publication of the Final Notice to strike off the company.

Similarly, under section 332(1) of the Companies Act 1930 the Registrar has that same discretionary power to restore companies that have been struck off under either of sections 267A or 331 of the Companies Act 1930 before the expiry of 10 years from the publication of the Final Notice to strike off the company.

The application must be accompanied by an affidavit stating the applicant’s interest in the matter and the facts on which the application is based.

Should the Registrar not exercise his discretion to reinstate a company under section 414 of the 2014 Act or 332(1) of the 1930 Act, or be unable to do so because more than 10 years have elapsed since the company was dissolved, an application is to be made to court to restore the company to the register.

Restoring your Gibraltar Company

We can file an application with Companies House in Gibraltar to restore your company, if your company was struck off in the last 10 years. If it has been struck off for over 10 years we, would apply for a Court Order to restore your company.

Company Restoration procedure

  • We submit your application with the relevant affidavit and the filing fee
  • When your application is accepted, Companies House issue a notice of application to restore
  • If no objection is received within 30 days of the notice, Companies House issues a direction to restore.
  • There is then 90 days from this date to file all the outstanding Annual Returns
  • When all Annual Returns are received and processed by Companies House the company is reinstated

An application must be accompanied by an affidavit and a statement of the facts on which the application is based

The Registrar shall not make a direction to restore the name of the company to the register earlier than 30 days after the date of publication of the notice.

On receipt of an application the Registrar, if satisfied that there are grounds for restoration of the company to the register, may direct the name of the company to be restored to the register.

On the Registrar restoring a company to the register the company shall be deemed to have continued in existence as if its name had not been struck off; and the Registrar may make such provisions as seem just for placing the company and all other persons in the same position as nearly as may be as if he name of the company had not been struck off.

Court Restoration of Dissolved Companies

Where an application to restore a company to the register has been made, in his discretion, the Registrar may refuse to consider the application and require that the person by whom the application was made apply to the Court for an order to restore the company.

After the expiry of the period of 10 years, if a company or any member or creditor of a company feels aggrieved by the company having been struck off the register, then, on an application made by the company or member, the Registrar of the Court may, if satisfied that the company was at the time of the striking off carrying on business or in operation, or otherwise that it is just that the company be restored to the register, order the name of the company to be restored to the register.

Transferring Registered Agent

A Gibraltar company can only be restored by the registered agent on record, or the agent must be changed to a new agent undertaking the company restoration, which we can organise.

Company Restoration Form
We offer a Company Restoration service and can apply to have your company restored. To enquire about having your company restored to the the register please complete this form.