If the company fails to start its business within a year of incorporation or fails to send annual returns, the registrar may place the company's name in Strike Off on its own.
Strike Off means deleting from the Registry of Companies held by the Registrar of Companies the name of the company.
2. If the company fails to start its business within a year of incorporation or fails to
send annual returns, the registrar may place the company's name in Strike Off on
its own.
Strike Off means deleting from the Registry of Companies held by the Registrar of
Companies the name of the company.
It is more of a business termination and after being Struck Off, the company won't
be in existence and can't do any activity afterwards.
There is, however, a distinction between Striking Off and Winding Off Company,
while Striking Off means temporary closure that allows a company to revive itself
in the future, winding off means a company's permanent closure.
3. WHO CAN APPLY FOR REVIVAL?
Following are the persons who can make an appeal in NCLT to restore
the company:
Company
Any member/ Creditor
Workmen
4. WHAT ARE THE REASONS FOR THE
REVIVAL?
If the company has any land that is immovable.
Other than ROC, if the organization has all complied with GST,
Income Tax, Provident Fund, and other bodies.
In the event that the Company is proven to be a continuing one of
the successful transactions in the account of the Company's bank
statements.
5. In the event that the organization decides to renew, on an annual basis, any
license such as fssai license, excise, etc. That is compulsory to be taken. Any other
records that are based on the conditions
The primary reasoning watchword that needs to be developed is that there should
be some document screening that the business is an ongoing one, and reviving the
company is in the 'public interest.'
6. DOCUMENTS TO
BE SENT ALONG
WITH
ATTACHMENTS
INDICATING THAT
THE COMPANY
WAS ACTUALLY IN
SERVICE
Up-to-date announcements from
banks
Signed balance sheets Easily
Obtainable.
AGM Minutes/CTC of Minutes of the
Board
Copy of the company's
acknowledgments paid in relation to
ITR/ TDS/ Gratuity/ PF.
Copy of recent bills/invoices for sales
7. Register and/or other facts, as fairly open to the petitioner(s), in support of A
statement made in the application or appeal or petition.
Where the petition is lodged on behalf of the members (shareholders), the
letter of consent, where appropriate, shall be issued by them.
Affidavit for verification of the petition; proof of the fee payment of rs. 1,000/-
What is the Procedure to be followed for revival?
8. The Company shall file a copy of the order with the ROC on Form INC-28 within 30
days of the date of the order, and all pending annual returns and financial
statements shall be filed with the ROC in accordance with the NCLTT order.
In addition, it is important to note that the jurisdiction bench of the National
Company Law Tribunal practically levies a penalty on behalf of the National Relief
Fund of the Prime Minister as costs in accordance with sub-rule 4(c) of Rule 87A of
the National Company Law Tribunal (Amendment) Rules, 2017 starting from a
minimum amount of Rs. 25,000/- according to the Hon'ble Judge's discretion.