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:
- List of Directors;
- Signed Copy of Memorandum & Article of Association;
- Copy of Notice (STK-7) of Registrar as issued for striking of Companies;
- Board Resolution for making application for restoration;
- Signed Financial Statements since the Company did not make annual filing with Registrar of Companies;
- Latest Bank Statement and signed by the bank official;
- Signed Copy of Latest ITR Acknowledgement;
- Vakalatnama in case of Advocate/Memorandum of Appearnace in case of Practising Professional i.e. CA/CS/CMA;
- Copy of proof of dispatch of an advance copy of application for restoration to concerned Income Tax Office and Registrar of Companies;
- Fees of Rs. 1000: Mode of payment of fees: DD/Online payment
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.
(Author can be reached at varsha.aggarwal0@gmail.com or at Ph: 011-42178464)
Disclaimer: The entire contents of this article are solely for information purpose and have been prepared on the basis of relevant provisions and as per the information existing at the time of the preparation. It doesn’t constitute professional advice or a formal recommendation. The author has undertaken utmost care to disseminate the true and correct view and doesn’t accept liability for any errors or omissions. You are kindly requested to verify & confirm the updates from the genuine sources before acting on any of the information’s provided herein above.
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