Section 152
of International Business Companies Order, 2000
Section 152
(1)
If an IBC has been struck off the register under section 150, the former IBC or a creditor, member or liquidator of it may apply to the Court to have the IBC restored to the register.
(2)
If, on an application under subsection (1), the Court is satisfied that –
(a)
the IBC did satisfy the requirements in section 6(1) or, as the case may be, had not failed to comply with the condition in section 6(4)(a); and
(b)
it would be fair and reasonable for the IBC to be restored to the register, the Court may make order that, on payment of all fees due (whether under section 6(4)(b) or otherwise) but without any increase on account of late payment, the Registrar shall restore the
IBC to the register.
(3)
If an IBC has been struck off the register under section 151, then, within the ten years immediately following the date of the striking off and on payment of the prescribed fee, the former IBC or a creditor, member or liquidator of it may apply to the Registrar to have the
IBC restored to the register.
(4)
If an application is made under subsection (3), then, upon payment to the
Registrar of all fees due (whether under section 6(4)(b) or otherwise), including any increases on account of late payment, the Registrar shall restore the IBC to the Register.
(5)
If an IBC has been struck off the register under section 62(6), the former IBC or a creditor member or liquidator of it may, on payment of the prescribed fee, apply to the
Registrar to have the IBC restored to the register.
(6)
If, on an application under subsection (5), the Registrar is satisfied that –
(a)
another registered agent has agreed to act as agent for the IBC; and
(b)
it would be fair and reasonable for the IBC to be restored to the register,
Incorporating amendments until S 53/2017
(Clean Vesion) NANI/zimah _ as of 11 February 2020
143
BLUV as at 20th June 2017
the Registrar may restore the IBC to the register if the conditions in subsection (7) are fulfilled.
(7)
The conditions referred to in subsection (6) are that –
(a)
the applicant pays all fees due (whether under section 6(4)(b) or otherwise) but without any increase on account of late payment; and
(b)
there is registered with the Registrar a copy of a resolution amending the
Memorandum so as to change its registered agent to the agent referred to in subsection (6)(a).
(8)
Where an IBC is restored to the register under any provision of this section, the
IBC shall be deemed never to have been struck off the register.
Effect of striking off.