Strike off of Companies under Companies Act, 2013
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Strike off of Companies under Companies Act, 2013
Has your entity being struck off from the Register of Companies on account of one or more of the following reasons:-
- Failure to commence business within one year of incorporation;
- Failure to carry any business or operations for two immediately preceding financial years;
- Extinguish of all liabilities;
- And now you want to restore your Business??
- Then, we at Preach Law LLP, have come up with the hassle free solution for the revival of Name of a Struck Company under Companies Act, 2013.
Who strikes off the name of the company from the Register of Companies?
The Registrar of Companies has the authority to strike off the defunct companies or even the companies which have not done their statutory filings. The ROCs have out rightly served notices on such companies as mandated by the law and have subsequently carried on the strike off.
Procedure for revival of strike off companies as per Companies Act, 2013
- Filing of appeal before NCT: An appeal can be filed within 3 years of the Registrar’s Order by the aggrieved company.
- Application to tribunal for initiation of the revival purpose: the members of the Company or the creditors of the Company or the Company itself can file an application to the Tribunal to restore the Company’s name, within a period of 20 years from the date of publication of striking off notice in the official Gazette. The Tribunal, after giving an opportunity of being heard to the company, the ROC and other concerned, shall pass the order as it may deem fit.
Process for applying to the Tribunal/Documents Required:
- Filing of application in Form No. NCLT-9, along with the following attachments
- Copy of Companies AOA and MOA?
- Director’ List.
- Certified True copy of the Registrar’s order for Strike off.
- Signed Balance Sheet of the company.
- Certified True Copy of the Company’s BR for applying to NCLT for Registration.
- Appeal against Registrar’ order.
- Affidavit verifying petition.
- Copy of proof of application fees paid.
- Memorandum of Appearance.
3. Effect of Tribunal’s Order
- Delivery of the certified copy of the order to the ROC within 30 days of passing such order.
- The ROC shall publish the order in the official gazette in his official name and seal.
- The costs of the proceedings shall be borne by the applicant.
- All pending Balance Sheets and Annual Returns shall be filed by the applicant as per Companies Act, 2013
2. Service of application/appeal:
Then, the copy of application/appeal shall be served by the company to the Registrar and/or other persons as directed by the Tribunal, at least 14 days before the hearing of appeal/application is fixed.
3. Passing of Tribunal’s Order:
The appropriate order in Form No- INC-28 shall be passed by Tribunal after hearing the appeal/application.
