As per provisions of Section 252(3) of Companies Act, 2013, following persons can file application in NCLT for restoration of name of Company in the records of the ROC.
- Company
- Any member
- Workmen
- Creditor
Following are the Steps for Revival of Struck Company:-
Step-1:
The petition shall be filed with the Tribunal (NCLT) in Form No. NCLT-9.
Step-2:
The petition shall be submitted with ROC, not less than 14 days before the date fixed for hearing of the application.
Step-3:
Documents to be attached with application in NCLT-9:
a. Supporting documents for the statement made in application
b. Affidavit verifying the petition
c. Evidence regarding payment of fee of Rs.2,500/-
d. Memorandum of appearance with copy of the Board Resolution or the vakalatnama, as the case may be
e. Three copies of the petition
f. Any other documents in support of the case.
Step-4:
Hearing by tribunal:
Tribunal shall hear the Petitioner and ROC and will note the observations.
After hearing both the parties, if it is satisfied, it shall order the restoration of name of the company in the record of the ROC.
Step-5:
Tribunal makes an order restoring the name of the company in the Registrar of Companies.
The order shall direct that-
a. The appellant or applicant shall deliver a certified copy to the Registrar of Companies within thirty days from the date of the order
b. On such delivery, the Registrar of Companies do, in his official name and seal, publish the order in the Official Gazette;
c. 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
d. 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:
The company shall file the copy of order with ROC within 30 days from the date of the order.
Step-7:
The Registrar of Companies do, in his official name and seal, publish the order in the Official Gazette.
Step-8:
The company shall file pending financial statements and annual returns with the Registrar and comply with the requirements of the Companies Act, 2013.
