When the name of the Company is removed from the register of the Companies by the Registrar of Companies (ROC) upon application by the company itself under sub-section 2 of section 248 or the ROC suo-moto removed the name under sub-section 1 of section 248 of the Companies Act, 2013, the Company is dissolved and it loose its existence in the eyes of law.
If a company or any member or creditor or workman thereof feels aggrieved by the company having its name struck off from the register of companies, such a company or member or creditor or workman can file an application before the National Company Law Tribunal (NCLT) before the expiry of 20 years from the publication in the Official Gazette of the notice under sub-section (5) of Section 248 of the Companies Act, 2013 and the NCLT, if satisfied that the company was, at the time of its name being struck off, carrying on business or in operation or otherwise it is just that the name of the company be restored to the register of companies, order the name of the company to be restored to the register of Companies.
Further, when any person aggrieved by an order of the Registrar, notifying a company as dissolved under sub-section 1 of Section 248 of the Companies Act, 2013, may file an application to NCLT within a period of 3 years from the date of the order of the ROC and if NCLT is of the opinion that the removal of the name of the company from the register of Companies is not justified in view of the absence of any of the grounds on which the order was passed by the Registrar, it may order restoration of the name of the company in the register of companies.
Procedure for Revival of the Struck off Company:
After Filing of Form INC-28, the ROC will update the Master Data of the Struck Off Company containing the Status of the Company as “Active” for filing purpose and immediately thereafter the Company need to file all the pending Financial Statements and the Annual Returns with additional fees and make the non-compliance good.
How we help in Revival of Struck off Company ?
1. Consultation: As there are complexities involved from Legal and Compliance point of view, we can assist you with the procedure for Revival of Struck off Company and matters related thereto.
2. Board Resolutions: Once the grounds of application is determined, we will provide timelines, documents and do the compliances for you.
3. Filing of Applications and / or Forms: We will timely file applicable returns, documents and other formalities with the National Company Law Tribunal (NCLT) and the Ministry of Corporate Affairs (MCA), if required, to revive the Struck off Company.
What will you receive in Revival of Struck off Company package ?
Complete ROC search.
Govt. fees payment.
ROC Search Report duly certified.
All the financial statements filed by the Company.
All the Incorporation documents of the Company.
What is the process for Revival of Struck off Company?
Step 1: Receipt of inquiry from you
Step 2: We provide you the list of details required
Step 3: You provide us with all the details required and make advance payment of our fees
Step 4: We start working for the revival of your Company
Certified copy of the Tribunal’s Order needs o be filed with the ROC within 30 days of passing thereof.
The ROC shall issue the order in the official gazette under his name and official seal.
After issuance of order all the pending Balance Sheets and Annual Returns shall be filed by the applicant with ROC.
Name of the company then will be restored and the company will become active for filing purpose.