Revival of Struck off of Companies under Companies Act, 2013

 

 

 

 


Introduction

Revival of Struck off of Companies under Companies Act, 2013

We all must have heard that Ministry of Corporate Affairs (MCA) had issued a notice to all defaulting companies on failure of commencement of Business and failed to file annual returns financial statements in last two years and asked to represent within 30 days, a failure which may result in the name of the company will be struck off from the registrar by the Registrar of Companies (ROC).



If the Name of your Company being struck off by ROC from Register of Companies due to any of the following grounds:

• Failed to commence its business within one year of incorporation;

• Failed to carry out any business or operations for a period of two immediately preceding financial years and has not made any application within such period for obtaining the of Dormant Company under Section 455 of the Act.

and now you want to restore your Company ??

Then, we at Compliance Advisor, will help and provide you hassle free solution for the revival of Name of a Struck Company under Companies Act, 2013.

Who and How strikes off the name of the company from the Register of Companies?

The Registrar of Companies has the authority to strike off the name of the company from the Register of Companies on the basis of above ground(s) or if Company is defunt or dormant. The ROC shall send notice to the Company informing his intention to remove company’s name from the register of companies and request company to send its representation.

Process for Application/Appeal to the Tribunal

  1. Filing of application in Form No. NCLT-9, along with the following attachments
  2. Service of application/appeal
  3. Then, the copy of application/appeal shall be served by the company to the Registrar and/or other persons as directed by the Tribunal, at least 14 days before the hearing of appeal/application is fixed.

  4. Passing of Tribunal's Order

The appropriate order in Form No- INC-28 shall be passed by Tribunal after hearing the appeal/application.



Effect of Tribunal's Order

Documents Required

   Certified True copy of MOA and AOA of the Company.

   List of Present Director(s) of the Company.

   Certified True copy of the Registrar's order for Strike off.

   Audited Balance Sheet of the company.

   Copy of Filed IT Returns of Last Three Years.

   Certified True Copy of the Company's BR for applying to NCLT for Registration.

   Appeal against Registrar' order.

   Affidavit verifying petition.

   Proof of application fees paid.

   Memorandum of Appearance or Vakalatnama.