Section 320:

320. Court may restore company to register (1) The Court may, on the application of a person referred to in subsection (2), order that a company that has been removed from the register of companies be restored to the register, on payment of the prescribed fee, where the Court is satisfied that— (a) at the time the company was removed from the register— (i) the company was still carrying on business or other reason existed for the company to continue in existence; (ii) the company was a party to legal proceedings; (iii) the company was in receivership, or liquidation, or both; (iv) the applicant was a creditor, or a shareholder, or a person who had an undischarged claim against the company; or (v) the applicant believed that a right of action existed, or intended to pursue a right of action, on behalf of the company under Part XII; or (b) for any other reason it is just and equitable to restore the company to the register. (2) An application under subsection (1) may be made by— (a) any person who, at the time the company was removed from the register— (i) was a shareholder or director of the company; (ii) was a creditor of the company; (iii) was a party to any legal proceedings against the company; (iv) had an undischarged claim against the company; or (v) was the liquidator, or a receiver of the property of, the company; (b) the Registrar; (c) with the leave of the Court, any other person. (3) Before the Court makes an order restoring a company to the register under this section, it may require any provisions of this Act or any regulations made under this Act, being provisions with which the company had failed to comply before it was removed from the register, to be complied with. C35 – 190 (1) [Issue 10] Companies Act (4) The Court may give such directions or make such orders as may be necessary or desirable for the purpose of placing the company and any other persons as nearly as possible in the same position as if the company had not been removed from the register. [S. 320 amended by s. 5 (n) of Act 27 of 2012 w.e.f. 22 December 2012.]