Procedural Checklist For Name Restoration Of Companies Whose Name Are Struck Off From ROC
√ Applicable Act: The Companies Act 2013
√ Applicable Rule: The National Company Law Tribunal Rules, 2016 read with The National Company Law Tribunal (Amendment) Rules 2017
√ Applicable Sections under Companies Act 2013 –
- Section 248 (Power of Registrar to Remove Name of Company from Register of Companies),
- Section 252 (Appeal to Tribunal)
√ Applicable Rule under The National Company Law Tribunal Rules, 2016 read with The National Company Law Tribunal (Amendment) Rules 2017
- Rule 87A (Appeal or application under sub-section (1) and sub-section (3) of section 252)
- Rule 31 (Notice of Order of the Tribunal to be filed in Form INC-28)
√ Any person aggrieved by the order of the Registrar under section 248 within 3 years from the date of order file An appeal to National Company Law Tribunal (Tribunal) (In form NCLT-9) for the restoration of Name of Company in the Register of Companies along with the following documents:
- The appeal or application shall be verified by an affidavit in FORM NCLT-6.
- Payment challan of appeal fees of Rs. 2500/- by means of an Indian Postal Order or by a bank draft drawn in favour of the Pay and Accounts Officer, Ministry of Corporate Affairs, New Delhi/Kolkata/Chennai/Mumbai, as the case may be or as decided by the President.
- Memorandum of Appearance in FORM NCLT-12 [Party appearing before tribunal in person or through authorized representative (one or more chartered accountants or company secretaries or cost accountants or legal practitioners or any other person) ]
- The petition is to be filed in triplicate
√ A copy of the appeal with supporting documents is to be served to Registrar and any other person as per the direction of Tribunal at least 14 days before the date of hearing is fixed for appeal.
√ Notice to be issued by the tribunal to the opposite party / respondent shall be in FORM NCLT-5
√ Hearing By Tribunal of Both parties
√ Upon hearing the appeal or the application, 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, the Tribunal may pass the order for restoration of the name of the Company.
√ After the tribunal passed the order, applicant shall file a certified copy to the Registrar of Companies within 30 days from the date of the order in Form INC-28.
√ After that ROC, in his official name and seal, publish the order in the Official Gazette, cause the name of the company to be restored to the register of companies and issue a fresh certificate of incorporation
√ Applicant has to pay to all the Restoration Cost, the ROC his costs of, and occasioned by, the appeal or application, unless the Tribunal directs otherwise
√ Company shall file pending financial statements and annual returns with the Registrar and comply with the requirements of the Companies Act, 2013
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