Procedure For Revival Of Struck off Companies

How To Revive Of Strike Off Company Through NCLT

The Ministry of Corporate Affairs has strike off approx 3 lacks Companies by virtue of Sec 248 of the Companies Act, 2013 in September, 2017. The companies were basically strike off due to following two major reason-

1. Non Filling of Financial statements for a continuous period of 3 years or more
2. A company is not carrying out any business for a period of two immediately preceding financial years and has not make any application for gaining the status of dormant.

Now, a basic question might have aroused in the mind that Is it possible to make the strike off company active again? Or

How to revive strike off Company through NCLT?

The answer is ‘YES’. It is possible to revive the strike off Company through NCLT

As per section 252(3) of the Companies Act, 2013, it is possible to revive the Struck off company anytime within a period of 20 years.

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Procedure For How To Revive Strike Off Company

Step 1: Filling an appeal within 3 years from the date of order of Registrar

Step 2: Filling an application with NCLT i.e National Company Law Tribunal with detailed reason for such restoration in form NCLT 9.

Step 3: Hearing of the case

Step 4: Passing of the Order by the NCLT

Step 5: Filling of order of NCLT with the registrar within 30 days from the date of the order

Step 6: Filling of the pending Annual Returns and Financial Statements of the Company.

Step 7: Filling of Income Tax Returns  of the Company

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Basic documents required for Form NCLT-9

1. MOA and AOA copy of the Company
2. List of Directors of the Company
3. CTC of the Order of the Registrar for Strike Off
4. CTC of the Board Resolution for making petition to the NCLT
5. Application/ Appeal with NCLT against the order of the Registrar
6. Affidavits verifying petition
7. Copy of bank challans evidencing the payment of application fees
8. Memorandum of appearance
9. Authority letter for acting as Authorised Person

• Copy of Appeal or Application shall be made by the Company to the registrar atleast 14 days before the date fixed for hearing of the appeal or application

 

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NCLT Petition Format

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