Striking off a company is to close down a company and the effect is that the company will cease to exist. However, there may be instances where certain persons may want to restore a previously struck off company. There are provisions in the Companies Act for this under sections 344(5) of the Companies Act.

Under section 344(5), if a person feels aggrieved that a company has been struck off, he can apply to the Court, within 6 years after the striking off, to have the company restored. The applicant must have some interest in the company being restored. For example, if the individual wants to bring a claim against a director or the company, he will be deemed to have the standing to bring the application. The standing does not need to be strong or highly likely to be realised if the company is reinstated but it needs to be a valid one. Thus the bar is not set high for the applicant.

The Court has wide discretion to order the restoration of a company.

According to section 344(5) of the Companies Act,

The Court can make an order to restore the company if it is satisfied that either

i) the company was, at the time of the striking off, carrying on business or in operation; or
ii) otherwise that it is just that the name of the company be restored to the register

The court may by order give such directions and 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 the name of the company had not been struck off.

 

If you are looking to restore a previously struck off company, you may contact us at [email protected].

 

When in doubt, seek legal advice or consult an experienced ACRA Filing Agent.

 

Yours Sincerely,
The editorial team at Singapore Secretary Services

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