Form 41 - Originating Notice Of Motion - Restoration Of Companies To The Register
Form 41 is an originating notice of motion used to apply to the court to restore a company that has been struck off the register. This form is used when a company has been removed from the Companies Registration Office register but needs to be reinstated.
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Form 41 - Originating Notice Of Motion - Restoration Of Companies To The Register
Form 41 is an originating notice of motion used to apply to the court to restore a company that has been struck off the register. This form is used when a company has been removed from the Companies Registration Office register but needs to be reinstated.
Risk Radar
- The most common mistake is not filing within the strict time limit after striking off.
- Missing the time limit for applying after striking off
- Incomplete company information
- Failure to notify all interested parties
- Incorrect grounds for restoration
Plain English
This legal document asks a court to put a company back on the official register after it's been removed. It's like asking for a second chance to continue business as if the company never stopped operating.
Submission Date
- Applications for restoration must generally be made within 20 years of the company being struck off, but earlier is strongly advised to prevent complications.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
What this form is for
- • Use when your company has been struck off the register
- • Use when you need to restore the company's legal existence
- • Use before any assets have been distributed to members
- • Use when you need to continue business operations
- • Use when you need to defend or start legal proceedings in the company name
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Company struck off but no assets distributed | Form 41 | Only this form can restore the company's legal existence | Check if your company has any assets remaining |
| Company dissolved after striking off | Form 41 with additional documentation | Different procedures apply if dissolution has occurred | Confirm the exact status of your company with the CRO |
| Company struck off but creditors involved | Form 41 with creditor notification | Creditors must be properly notified | Verify all creditor details and status |
| Company struck off but with pending legal cases | Form 41 | Restoration allows continuation of legal cases | Check all pending court cases involving the company |
Deadline or filing window
Applications for restoration must generally be made within 20 years of the company being struck off, but earlier is strongly advised to prevent complications.
Before you submit
- • Complete all sections of Form 41 accurately
- • Include the correct court fee
- • Attach all required supporting documents
- • Verify company registration details
- • Confirm all director and shareholder information
- • Ensure grounds for restoration are clearly stated
- • Check that all required parties have been notified
How to file this form
- 1Obtain the current version of Form 41 from the Courts Service website
- 2Complete all sections with accurate company information
- 3Prepare supporting documents including evidence of striking off
- 4Calculate and include the correct court fee
- 5Submit to the appropriate court office
- 6Keep a copy of the filed form for your records
- 7Attend any required court hearing
Known limitations
- • Cannot restore a company that has been dissolved
- • Cannot restore a company if assets have been distributed
- • Cannot be used to restore a company more than 20 years after striking off
- • Does not automatically restore all company contracts and rights
- • Requires court approval which is not guaranteed
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Not confirmed in official source. Check the Courts Service website for the most up-to-date version of Form 41.
Agency: Courts Service of Ireland
What changed or needs a fresh check
- • Check if any recent amendments have been made to Form 41
- • Verify the current court fees required with this form
- • Confirm if electronic filing options are now available
- • Check if supporting document requirements have changed
- • Verify the time limits for restoration applications
Quick Facts
Form Details
- Agency
- Courts Service of Ireland
- Category
- Other Court Forms
- Source
- Court Forms ↗
- Revision Date
- 20/02/26
Downloads
Form 41 - Originating Notice Of Motion - Restoration Of Companies To The Register
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After you file
- • Wait for court notification of hearing date
- • Prepare for potential court hearing
- • Monitor correspondence from the court
- • Notify all interested parties of the restoration application
- • Update company records once restoration is granted
- • File restoration certificate with the CRO
Source and verification log
- • Form name and number provided in query
- • Issuing agency: Courts Service of Ireland
- • Purpose: Restoration of companies to the register
- • Not confirmed in official source: Current version details
- • Not confirmed in official source: Specific filing procedures
- • Not confirmed in official source: Current court fees
- • Not confirmed in official source: Exact time limits for restoration
Common confusion points
7 things to watch for
- 1
Difference between striking off and dissolution
- 2
Whether restoration applies to all companies or only certain types
- 3
What happens to existing contracts and legal rights
- 4
How to notify all interested parties properly
- 5
Whether restoration applies retrospectively
- 6
The relationship between court restoration and CRO restoration
- 7
Whether restoration affects existing tax obligations
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