Business and enterprise – guidance

Apply for a discretionary grant (company can be restored) (CB2)

How to apply for a discretionary grant where the dissolved company can be restored.

Overview

The Bona Vacantia division (BVD) of the Government Legal Department deals with applications for discretionary grants from bona vacantia assets.

This discretionary grant policy enables sums of money to be recovered without making an application for the company to be restored to the register.

Only one grant will be made in respect of each dissolved company.

Where the company can be restored the maximum grant is £3,000.

All grants are discretionary. No-one has a right to a grant.

BVD will usually only consider making grants out of money that they have received. Grants will not usually be made of other types of assets themselves, or from the proceeds of sale of other types of assets.

Who can apply

BVD will usually only consider applications for discretionary grants from:

  • former shareholders (‘members’) as long as the company was solvent when it was dissolved
  • former liquidators
  • former administrators
  • former company voluntary arrangement (CVA) supervisors

Former directors of the company cannot apply for a discretionary grant unless they were also shareholders of the dissolved company.

When to apply

BVD cannot deal with your application until they have received and banked the funds of the dissolved company from the bank or person holding the funds. If you are not sure whether BVD has the funds, please check with the bank or person holding the funds. BVD will not make enquiries for you.

If the company can still be restored, then restoring it to the register is usually the correct way to regain possession of its property and rights, including money.

Where the company can be administratively restored, BVD will not generally make a discretionary grant. If you are unsure whether the company can be administratively restored, you can check with Companies House

BVD appreciate that if a company cannot be restored administratively, restoring the company through the courts can in some cases be more complex or expensive so the Treasury Solicitor will consider making a discretionary grant in such cases, but the maximum grant is £3,000.

A grant will only be made if the applicant undertakes not to apply to restore the company in the future.

What it will cost

If BVD make a discretionary grant, you will have to pay the their proper legal costs and disbursements for dealing with your application. These costs are usually £300. Costs and disbursements will always be deducted from any grant that is made, so if BVD hold less than £300, a grant cannot be made.

For grants over £750, BVD also keep 5% of the value of the grant after deducting costs. This is called a reservation. This is kept in case, in the future, the Treasury Solicitor has to pay creditors of the company money paid out as part of the discretionary grant.

The Treasury may require BVD to keep some of the amount held as the ‘Crown’s Share’.

Apply for a discretionary grant

Please check with your bank that BVD have the money or funds that you think they have. BVD will not process your application until they have received and banked the funds.

Complete a form DG2

Discretionary grant application form and statutory declaration (where the company can be restored)

This file may not be suitable for users of assistive technology. Request an accessible format.

If you use assistive technology (eg a screen reader) and need a version of this document in a more accessible format, please email bvinfo@governmentlegal.gov.uk. Please tell us what format you need. It will help us if you say what assistive technology you use.

All Statutory Declarations must be signed in the presence of a practicing solicitor or a commissioner of oaths.

Send the form to:

Bona Vacantia - Cash Balance

Government Legal Department
PO Box 70165
London
WC1A 9HG

Please use this email address for all enquiries relating to the cash assets of dissolved companies.

Dissolved Charities

In the case of a dissolved charity/non-profit making organisation, BVD usually only pay a grant to another charity/non-profit making organisation with similar objectives to the dissolved charity/organisation. You will need to tell BVD which charity you would like the grant paid to.

Before making a grant, BVD will check that the recipient charity are legally able to receive the grant, and that the grant complies with the dissolved charity’s constitution.

You must also provide written confirmation from the Charity Commission for England and Wales that they have no objection to the discretionary grant being paid to the intended recipient.

Proof of identity

BVD need to see proof of identity and of address for each of the applicants in all cases. Please do not send original documents to this office unless specifically asked to do so

If one of the applicants is a company, proof of identity will be required for that company.

Please see the guide on proof of identity to find out what documents BVD accept.

If you live in the UK

Please send copies of original documents certified as true copies by

  • a practising solicitor
  • the U.K. Post Office ID Checking Service (in which case, please also include the completed ID Checking Service form which has been stamped by the Post Office)

The person certifying the documents must sign and date them, and must state their full name, business name and business address, and their status.

If you live outside the UK

Where the applicant lives outside the UK documentation must be certified by a Notary Public registered in their country of residence and an Apostille certificate provided for each document.

Please note BVD will not advise you on how to do this and you should take your own professional advice if you are unsure what to do.

No other certification of documents will be accepted.

Deceased members

Please provide BVD with a sealed office copy of the grant of Probate or Letters of Administration in respect of any deceased member.