I am owed money by a dissolved limited liability partnership (LLP)

Any LLP that is restored to the register is deemed to have continued in existence as if it had not been struck off and dissolved. The Companies House registrar can only restore an LLP to the register if he receives a court order.

Who can apply to the Court to restore an LLP to the register?

Generally, any of the following may make an application for restoration:

  • any former member, creditor or liquidator
  • any person who had a contractual relationship with the LLP or who had a potential legal claim against the LLP
  • any person who had an interest in land or other property in which the LLP also had an interest, right or obligation
  • any manager or trustee of the LLP's former employees' pension fund
  • any other person who appears to the Court to have an interest in the matter

Most claims begin with the completion and filing of an N1 Claim Form however, if you are restoring an LLP that was registered in England or Wales, you must apply to the Court by completing a Part 8 claim form, this is the standard form that starts proceedings. You can make an application to a County Court that has the authority to wind up the LLP. You are looking for the County Court that has jurisdiction for the area the LLP was operating / registered in – check the following website http://hmctscourtfinder.justice.gov.uk/HMCTS for the nearest one.

Take a look at Part 8 Claim Form (N208) and guidance notes (N208A).

[return to claimant scenarios]