Company under Strike off Status?
Process of filing an application with NCLT for restoration of Company under Strike Off status;
As per provisions of Section 252(3) of the Companies Act, 2013, read with rule 87A of National Company Law Tribunal (Amendment) Rules, 2017, the following persons can file an application in NCLT for restoration/revival of name of Company in the records of the ROC;
STEP 1 – Preparation of Petition: (Rule 87A (1))
The petition under Section 252(3) for the restoration of name of struck Company shall be filed with the Tribunal (NCLT). The petition shall be filed in Form No. NCLT-9.
STEP 2 – Submission of Petition with ROC: (Rule 87A(2))
A copy of the application shall be served to the Registrar of Companies and on such other persons as the Tribunal may direct, not less than 14 days before the date fixed for hearing of the application.
STEP 3 – List of Documents Attach with application in NCLT-9:-
The list of documents required to be filed with NCLT while filing application.
- Document and/or other evidence in support of the statement made in the application or appeal or petition;
- Affidavit verifying the petition;
- Evidence regarding payment of fee;
- Memorandum of appearance with copy of the Board Resolution or the vakalatnama, as the case may be;
- Any other documents in support of the case.
STEP 4: Hearing by Tribunal: (Rule 87A(3))
Tribunal shall hear the Petitioner and Respondent (ROC). It will also take note of the observations/ objections, if any, received.
After hearing Both the Parties, if it is satisfied, it can order the restoration of name of company in the record of the ROC.
STEP 5: directions by Tribunal (Rule 87A(4))
Where the Tribunal makes an order restoring the name of a company in the register of companies, the order shall direct that-
- the appellant or applicant shall deliver a certified copy to the Registrar of Companies within thirty days from the date of the order;
- on such delivery, the Registrar of Companies do, in his official name and seal, publish the order in the Official Gazette;
- the appellant or applicant do pay to the Registrar of Companies his costs of, and occasioned by, the appeal or application, unless the Tribunal directs otherwise; and
- the company shall file pending financial statements and annual returns with the Registrar and comply with the requirements of the Companies Act, 2013 and rules made there under within such time as may be directed by the Tribunal.
STEP 6 – FILING OF ORDER WITH ROC
The Company shall file the copy of order with Registrar of Companies with in period of 30 days from the date of the order.
STEP 7 – PUBLICATION OF ORDER IN GAZETTE
The Registrar of Companies do, in his official name and seal, publish the order in the Official Gazette.
STEP 8 – PENDING FILING BY COMPANY
The company shall file pending financial statements and annual returns with the Registrar and comply with the requirements of the Companies Act, 2013.