PROCESS OF REVIVAL OF COMPANY AFTER STRUCK – OFF BY REGISTRAR OF COMPANY
When the name of company is removed by registrar from the Register of company its called strike off
Strike -off can be Voluntarily done by company or compulsorily done by ROC.
Following Ground on which ROC will compulsorily strike off of company [ applicable section – 248 [1]}
1 A Company has failed to commence its business within 1 year from the date of incorporation .
2 A Company is not carrying any business or operation for a period of last 2 financial year AND has not filed any application for obtain status of DORMANT COMPANY
3 Company has not files INC 20A form within 180 days from the date of incorporation of company .
When the name of company is struck off by registrar of company than following steps is follow for revival of company .
STEPS -1 WHO CAN FILE APPLICATION FOR REVIVAL OF COMPANY BEFORE NCLT .
As per section 252 (1) - Any person who is not satisfied with the order of REGISTRAR under section 248 may file an appeal before NCLT within 3 years from the date of order of REGISTRAR .
As per section 252(2) – Company or any member or creditor or workmen may file appeal to NCLT within 20 years from the publication of notice in the form of STK -7 in official gazette for the struck -off the company .
STEPS -2 PETITION IS TO BE FILED WITH NCLT .
Petition is filed with NCLT in the in FORM NO NCLT -9 along with following document ,
• Affidavit verifying petition in FORM NO NCLT -6
• Notice of Admission FROM NO NCLT –2
• Master data of the company
• copy of bank statement
• copy of notice STK -1 , STK -5, And STK-7
• copy of certificate of incorporation , MOA& AOA
• copy of Audited account and Director report of last 3 financial year
• copy of PAN card and Income tax return
• Demand draft of Rs 1000/- to be submitted along with documents to NCLT
All the document should be submitted to the following department
• ROC ( one set – XEROX copy )
• RD(one set – XEROX copy)
• IT DEPARTMENT(one set – XEROX copy)
• NCLT (two set – XEROX copy three sets one original copy )
STEP 4 After submission of document the NCLT shall hear the petitioner ( applicant) and Respondent(ROC) . After the hearing the Tribunal pass order either revival of company or dismiss the application .
STEP 5 The applicant shall deliver a copy of order to ROC within 30 days from the date of order .
STEP 6 The company shall file FROM NO INC- 28 when the company status will change from strike -off to Active and then file MGT-7 ,AOC- 4 and other e – form
