Procedure To Revive The Struck Off Company Under Companies Act, 2013 In Conjunction With NCLT Amendment Rules 2017
In this Article, Process to revive the companies which has been struck off by ROC as per Section 248 of Companies Act, 2013 shall be discussed.
Grounds on which Revival can be initiated : As per Section 252 of CA, 2013 Appeal can be filed to NCLT for revival of struck off Companies as per below mentioned points :
- Section 252(1) states that Any person aggrieved by the order of ROC for strike off of Company, may file an appeal to NCLT within a period of 3 years from the date of order of ROC. It is the case of Compulsory Strike off.
- Section 252(3) states that If a Company or any member or Creditor or workmen feels aggrieved by the Company having its name struck off from the ROC, They can make an application before the expiry of 20 years from the publication in the Official Gazette of the notice. It is the case of Voluntary Strike off.
If Tribunal feels satisfied that the name of the Company is struck off either inadvertently or by furnishing wrong information/ unfair means, then it can pass order for the revival of the Company.
HOW TO REVIVE THE COMPANY AS PER SECTION 252 OF CA 2013
The petition under Section 252 shall be filed with the NCLT in Form No. NCLT-9 BY Appellant who wants to revive the Company.
Documents required to be attached with NCLT-9:
1. Affidavit verifying application; Form No. NCLT 6.
2. Evidence of Payment
3. Memorandum of Appearance with copy of Board resolution or Vakalatnama.
4. Copy of MOA & AOA,
5. Copy of Notice as issued by the concerned ROC for striking off of the Company
6. Copy of Board Resolution for restoration of Name
7. Authorization in favour of any director and appointment of Professional to appear on behalf of the Company
8. Latest audited financials
9. Proof of service of application on ROC
The petition has to be filed in 3 copies in NCLT.
- SERVING THE COPY OF PETITION TO ROC:A copy of the same shall be served on the Registrar of Companies and on such other persons as the Tribunal may direct, not less than 14 days before the date fixed for hearing of the application.
After order of NCLT, the appellant shall deliver a certified copy of the said order to the ROC within 30 days from the date of the order in form INC-28
- PUBLICATION IN OFFICIAL GAZETTE: The ROC shall, in his official name and seal, publish the order in the Official Gazette.
- FILING OF DOCUMENTS: The Company shall file pending financial statements and annual returns with the Registrar and comply with the requirements of the Companies Act, 2013 and Rules thereunder.
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