Strike off of Companies under Companies Act, 2013.
If your Company has been struck off from the Register of Companies on account of Non filing of Financial statements and Annual Returns for a Continuous Period of 3 Years.
You can now restore your Company by filing a petition in jurisdictional Bench of National Company Law Tribunal (NCLT).
Procedure for revival of strike off companies as per Companies Act, 2013
Preparation & filing of Petition
The petition under for the restoration of name of struck Company shall be filed with the National Company Law Tribunal (NCLT) within a period of 3 years from the date of Strike off.
Service of the petition to Respondents
A copy of the application shall be served on the Registrar of Companies and on such other persons as the Tribunal may direct either by hand or post with proper receipt, not less than 14 days before the date fixed for hearing of the application.
Hearing the Petition
NCLT 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 that struck off company is not a defunct company, it can order the restoration of name of company in the record of the ROC.
Directions by Tribunal
Where the Tribunal makes an order restoring the name of a company in the register of companies, the order shall direct that – The appellant 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 shall pay to the Registrar of Companies costs as directed by Tribunal. The company shall file pending financial statements and annual returns with the Registrar and pay required fee within such time as may be directed by the Tribunal.
Filing of NCLT order with ROC
The Company shall file the copy of order with Registrar of Companies within a period of 30 days from the date of the order.The company shall file pending financial statements and annual returns with the Registrar with additional fee and comply with the requirements of the Companies Act, 2013 in this regard.