Procedure To Restoration of Name of Struck off Company By National Company Law Tribunal
As per Section 248(1) of Companies Act, 2013, the Registrar is vested with the power to strike off the name of the Company, consequently, it had struck off various companies in India and also in process to strike off other companies, which fulfills the conditions as mentioned under Section 248(1).
Now, the important thing comes how one can restore the name of the Company which has been struck off by the Registrar?
Step 1: Check the master data at www.mca.gov.in or check the list of struck off companies as issued by the Registrar of respective state from time to time;
Step 2: Draft the application and affidavit for restoration of name of Company as per Section 252 of Companies Act, 2013 and NCLT (Amendment Rules), 2017, alongwith below mentioned annexure:
Step 3: The above mentioned application can be made by the Directors/Members/ Creditors or any person aggrieved by an order of the Registrar in respect of struck off Company;
Step 4: After sending the copy of application to Income Tax Office and Registrar, the application shall be filed electronically with NCLT;
Step 5: The applicant shall take two copies of application, one is original and other is certified true copy along with acknowledgement of e-filing;
Step 6: To submit above mentioned sets of application with NCLT having jurisdiction to restoration of name of struck off company;
Step 7: Attend the hearing at NCLT and give facts that the Company is in operation and active;
Step 8: the NCLT issue the order and it shall be filed with Registrar within 30 days from the date of receipt of order;
Step 9: After the master data of Company is active then file annual filing forms along with additional fees;
Step 10: At the end, the Registrar restored the name of the struck off Company.
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