The Process to Revive a Strike off Company

Any company deregistered by ROC can revive its status by applying to Jurisdictional Bench of National Company Law Tribunal along with the form NCLT-9 with the required fees.

What companies can be revived?

The following companies can apply to the National Company Law Tribunal (NCLT) for revival:

• Companies that have been deregistered by the ROC
• Shareholders or debentures of a company that has been deregistered by the Registrar of Companies
• Workers of a company that has been deregistered by the Registrar of Companies.

What is the period for filing for the revival of the company?

For any company deregistered by ROC can apply to the revival of the company

• If the company has not completed 20 years since the time the NCLT passed the order
• If ROC passed the order, the company has three years to apply for the revival

What is the procedure to apply for the revival of the strike off company?

Step-1: Preparation of Petition rule 87

A petition is prepared under sec 252(3) for the restoration of the name of the struck off company to the NCLT. The petition shall be filed in Form No. NCLT-9.

Step-2: Submission of Petition with ROC rule 87A(2)

A copy of application and petition is sent to the ROC within 14 days from when the hearing of application was fixed.

Step-3: Documents attached along with application in NCLT-9

Annexure B of NCLT Rules, 2016 provide the list of documents required to be filed with NCLT while filing an application

• Document in support of the statement made in the application or appeal or petition
• An affidavit that verifies that the petition was filed
• Evidence regarding payment of a fee of INR 2,500/- (Rupees Twenty Five Hundred Only)
• Memorandum of appearance with a copy of the Board Resolution
• Three copies of the petition
• Other documents in support of the case.

Step-4: Hearing by Tribunal rule 87A(3)

Next, tribunal hears the petitioner and respondent and will take note of the observations and objections received. After being fully satisfied, it passes an order to restore the company in the name of ROC

Step-5: Directions by Tribunal rule 87A(4)

The order passed by the Tribunal regarding the restoration of the company’s name states that:

• the applicant shall deliver a certified copy to the Registrar of Companies within thirty days from the date of the order
• after receiving the copy, the ROC will publish the same in the official gazette
• the applicant is not required to pay the ROC any cost of the application unless directed by Tribunal
• the company needs to file the pending financial statements and annual returns with the ROC and comply with other requirements prescribed under the Companies Act, 2013

Step-6: Filing of order with ROC

The company has to file a copy of the order with the ROC within 30 days of the date of order.

What is the status of the assets and liabilities after the company’s revived

The liability of every director, manager or another officer, who was exercising any power of management, and every member of the company dissolved under sub-section (5), shall continue and may be enforced even after strike off.