Revival of Struck off Companies

revival of struck off of companies

Revival of Struck off Companies

Strike off of Companies under Companies Act, 2013.

If your Company has been struck off from the Register of Companies on account of Non filing of Financial statements and Annual Returns for a Continuous Period of 3 Years, You can now restore your Company by filing a petition with jurisdictional Bench of National Company Law Tribunal (NCLT).

Procedure for revival of strike off companies as per Companies Act, 2013

Preparation & filing of petition

  • The petition under for the restoration of name of struck Company shall be filed with the National Company Law Tribunal (NCLT) within a period of 3 years from the date of Strike off.

Service of the petition to Respondents

  • A copy of the application shall be served on the Registrar of Companies and on such other persons as the Tribunal may direct either by hand or post with proper receipt, not less than 14 days before the date fixed for hearing of the application.

Hearing the petition

  • NCLT shall hear the Petitioner and Respondent (ROC). It will also take note of the observations/ objections, if any, received. If NCLT is satisfied after hearing both the parties about that struck off company and finds that if the company is not a defunct company, it can order the restoration of name of company in the record of the ROC.

Directions by Tribunal

  • Where the Tribunal makes an order restoring the name of a company in the register of companies, the order shall direct that the appellant shall deliver a certified copy of the order to the Registrar of Companies within thirty days from the date of the order. On such delivery, the Registrar of Companies do, in his official name and seal, publish the order in the Official Gazette; the appellant shall pay to the Registrar of Companies fees as directed by Tribunal. The company shall file pending financial statements and annual returns with the Registrar and pay the requisite fee within such time as may be directed by the Tribunal.

Filing of NCLT order with ROC

  • The Company shall file the copy of order with Registrar of Companies within a period of 30 days from the date of the order.The company shall file pending financial statements and annual returns with the Registrar with additional fee and comply with the requirements of the Companies Act, 2013 in this regard.

List of Documents required

ParticularsForm / Documents
Company PetitionNCLT 9
Copies of Certificate of incorporation, Memorandum and Articles of Association, & Master dataAttach the relevant copies
Copy of Notices issued by ROC(STK -1, STK 5, STK 7)
Evidence regarding payment of FeeDemand Draft
Affidavit Verifying the PetitionNCLT 6
Balance Sheets and Annual ReturnsAttach the relevant copies
Evidence that Company has been carrying its businessBank statements, details of Major transactions etc
Undertakings if anyIn Form of Affidavit
Dully Executed Vakalatnama / Memorandum of AppearanceForm No 12

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