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 –
√ Applicable Rule under The National Company Law Tribunal Rules, 2016 read with The National Company Law Tribunal (Amendment) Rules 2017
√ 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:
√ 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