Revival of Struck off Companies

Struck off companies are those companies which have not been filing their annual compliances for a couple of years or more. Such companies are therefore considered (by ROC) not to carrying on their business. Has your entity being struck off from the Register of Companies, you are at right place to take off your worries.

In 2016 over 1.63 lakh companies have not been carrying out business activities for long have been deregistered and a series of actions against such shell companies have been taken by ROC. These actions of government have caused a huge disturbance to the companies which were carrying on the business legally but have not done their statutory filings. Though the ROC must have served notices as mandated under Section 248 on the registered email ids of the Companies before striking them off, in many cases, there were complaints of not receiving any notice.

Any person aggrieved by the order of Registrar for striking off of company may file an application to tribunal (NCLT) within 3 years from the date of order of registrar for restoration of company.

If a company, member, creditor, workman feels aggrieved by the order of ROC for striking off the company, may file an application before expiry of 20 years from the date of publication in official gazette notice of striking off under section 248(5)

Benefits to Activate Struck off Company

• Continue operations with the existing entity
• Cost effective
• Can use the existing brand name for marketing & advertisement purpose
• Continue operations with the existing setup

Is Revival of Struck-Off Companies Important

It entirely depends on the decision that whether you want to work with existing entity struck off or want to create a new to operate. In case if you are operating fine with the existing entity and failed to file compliances or annual return, then our suggestion is to restore the existing entity

• List of directors
• Signed copy of MOA and AOA
• Copy of Board resolution
• Signed ITR acknowledgement copy
• Latest balance sheet 
• Vakalatnama / Memorandum of appearance
• Signed financial statement since when company has not filed with ROC
• Proof of sending application copy with ROC and Income Tax department
• Copy of Bank statement 
• Proof regarding payment of application form.

• File a petition with tribunal in form NCLT-9 along with following documents:
• Affidavit verifying the petition in form no. NCLT-6
• All the documents as mentioned above in support of the petition.
• Copy of application shall also be served to ROC and Income tax department not less than 14 days before the date fixed for hearing of application.
• ROC may send his report to NCLT as to his comment and views on the restoration of company.
• NCLT after hearing all the parties may give an order for restoration of company in register of companies.
• Company is required to file order of NCLT to ROC within 30 days from the date of receipt of order.
• Company should file all the pending financial statements and annual returns with ROC within the time prescribed by tribunal, if any
• At the end ROC will restore the company in the Register of Companies.

Corpseed will help you with the process of restoring your company: 

Corpseed received a request to restore your struck-off company

• We will assign a dedicated resource who is professionally skilled in the procedure of restoring struck-off companies. You can get in touch with the assigned resource at any point of time for consultation and assistance in restoring your struck-off company
• Our resource will collect all the required documents/information and file appeal and application to Tribunal for restoring your struck-off company