Revival of Struck Off Company

The revival of a struck off company is primarily governed by Section 252 of the Companies Act, 2013. This section provides the legal framework for the National Company Law Tribunal (NCLT) to order the restoration of a company's name to the Register of Companies. Additionally, Section 248 deals with the power of the Registrar to strike off companies, and Section 250 provides for the consequences of striking off. The process ensures that companies can be revived if they were struck off without proper notice or if there are valid reasons for restoration.

The application for revival of a struck off company is filed with the National Company Law Tribunal (NCLT). The NCLT has jurisdiction over company law matters, including restoration of struck off companies. The official website of the Ministry of Corporate Affairs (MCA) is www.mca.gov.in, where you can access forms, check company status, and track filings. The NCLT website provides details on case status and orders.

The process for revival of a struck off company involves filing a petition before the NCLT under Section 252 of the Companies Act, 2013. The steps include:

1. Preparation of Petition: The company, any member, creditor, or workman can file the petition. It must include grounds for restoration, such as the company was carrying on business at the time of striking off or it is just and equitable to restore.
2. Filing with NCLT: The petition is filed in the prescribed form (NCLT-1) along with supporting documents, including the original certificate of incorporation, audited financial statements, and a detailed affidavit.
3. Notice to ROC: The NCLT issues notice to the Registrar of Companies (ROC) and the Central Government. The ROC may file a reply.
4. Hearing: The NCLT hears the matter and may order restoration if satisfied. The order typically requires the company to file all pending annual returns and financial statements.
5. Compliance: After the order, the company must file the order with the ROC and pay any prescribed fees. The ROC then publishes a notice in the Official Gazette restoring the company.

The following forms are essential for filing a revival petition:

• Form NCLT-1: Application for restoration under Section 252.
• Form NCLT-6: Affidavit in support of the petition.
• Form INC-1: Application for reservation of name (if name is not available).
• Form GNL-2: For filing the NCLT order with the ROC.
• Form MGT-14: For filing board resolutions (if applicable).

All forms are available on the MCA portal.

Any of the following persons can apply for revival of a struck off company:

• The company itself (through its directors or members).
• Any member or shareholder of the company.
• Any creditor of the company.
• Any workman or employee.

The NCLT may order restoration if it is satisfied that:

• The company was carrying on business or was in operation at the time of striking off.
• It is just and equitable to restore the company's name.
• The company has complied with all statutory requirements (e.g., filing of returns) or undertakes to do so within a specified period.

The timeline for revival of a struck off company depends on the NCLT's schedule and the complexity of the case. The process involves filing the petition, serving notice to the ROC, and attending hearings. The NCLT typically disposes of restoration petitions within a few months, but the exact duration varies. No specific timeline can be guaranteed.

The government fees for revival of a struck off company are prescribed under the Companies (Registration Offices and Fees) Rules, 2014. The fees are as follows:

Note: These are government fees only. Professional fees for legal assistance are separate.