Restoring Name of A Stuck Off Company

Companies deregistered by ROC can apply for the revival of their name under Section 252 of Companies Act, 2013 by filing an appeal and writing an application to the tribunal under NCLT guidelines.

What is a defunct company?

A company is said to be defunct when it is no longer in business. A defunct company can be defined as a company who has not been in business either since one year of its incorporation or has failed to deliver any business in the preceding two financial years. Such companies become non-operative and hence are required to file for dormant status.

Registrar of Companies (ROC), by virtue of the power conferred under Section 248, can strike off defunct and shell companies.

How to revive the name of a stuck off company?

Companies who were not satisfied with their name being stuck off by ROC, they can apply for the revival of their name under section 252 of Companies Act, 2013 by:

  • Filling an appeal: A  company can file an appeal to revive the name of their company within three years from the date of struck off order given by ROC
  • Application to the Tribunal: If any member of the company feels aggrieved and wishes to revive the company, they can write an application to the Tribunal to restore the name of the company. The period for writing an application is 20 years from the date of publication of the striking off notice in the official gazette.

Detailed procedure to apply to the Tribunal as per National Company Law Tribunal (NCLT) rules

Step - 1: File an appeal/application

Under section 252(1) and section 252(3), an appeal shall be filed to the Tribunal along with the other information prescribed under NCLT Rules, 2016 or

The ROC can file an application if they believe that the name of the company has been stuck off by incorrect information.

Step - 2: Filing of NCLT 9

Form NCLT 9 must be submitted along with the appeal made to the ROC. Here are the following documents that need to be attached along with the form:

  • MOA & AOA of the company
  • List of the names of directors in the company
  • Signed balance sheets of the company
  • Copy of the strike off an order of Registrar
  • Copy of board resolution passed by the company making a petition to NCLT
  • An appeal against the order of Registrar
  • Affidavit verifying petition
  • Copy of bank draft verifying the payments
  • Memorandum of appearance

Step - 3: Application to ROC

A copy of the appeal or application filed by the company shall be sent to ROC or another person as prescribed by Tribunal within 14 days of the date fixed for the hearing of the appeal.

Step - 4: Passing of order

After hearing the appeal, if found satisfied the Tribunal can pass the order to revive the name of the struck off company

After the order is passed, the applicant has to deliver a certified copy of the order to the ROC within 30 days.

Step - 5: Role of ROC

Once ROC receives the copy of the order, they publish in its official name and seal and also publish the order in the official Gazette.

The company after getting its name revived will now file for pending financial statements and annual returns with the Registrar and comply with the requirements of the Companies Act, 2013 and rules made under the time prescribed by the Tribunal.

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