Registrar of Companies (ROC) is empowered to strike off a dysfunctional company under Section 248 of the Companies Act, 2013 and NCLT for revival of struck up companies. By the virtue of its power, Ministry of Corporate Affairs had struck off approximately 2 lakh defaulting Companies for non filing of its statutory documents for last 3 years or more in late 2017.

1. Revival of
struck off
companies

2. Introduction
• Registrar of Companies (ROC) is empowered to strike off a dysfunctional company under
Section 248 of the Companies Act, 2013 and NCLT for revival of struck up companies.
• By the virtue of its power, Ministry of Corporate Affairs had struck off approximately 2 lakh
defaulting Companies for non filing of its statutory documents for last 3 years or more in late
2017.
• In order to give opportunity to companies to revive of their business, a dissolved company can
be restored in the Register of Companies (ROC) under Section 252 of the Companies Act,
2013 by an order of the National Company Law Tribunal (NCLT).

3. Who has authority to strike off name of
company from the register of
companies?
• The Registrar of Companies is empowered to strike off the dysfunctional companies or
companies who have not filed their statutory documents from last 3 years or more.
• ROC needs to send notice to companies as mandated by law before initiating strike up
procedure.

4. ROC can strike off which companies?
• Companies who have failed to commence their business within one year of its incorporation;
• Companies who have failed to carry on business for last two preceding financial years;
• Company who have extinguish of all liabilities;
• Company who have failed to file statutory documents with ROC for last 3 years or more.

5. Who can file an application for revival of
company?
The company, its member or employees or
a creditor can make an application under
section 252 (3) read with rule 87A of NCLT
(amendment) rules, 2017 for revival of
strike up company.
Such application for revival of company
need to file within 20 years from the date
publication of the notice of the striking-off
in official gazette.

6. What is the time period under which A
strike off appeal can be filed?
Any person aggrieved by the order
of the Registrar (ROC) to strike-off
the name of a Company, can file an
appeal before NCLT to revive the
company within a period of 3
years from the date of publication
of notice of strike up by ROC.
If a Company, any member,
employee or creditor is aggrieved
by the strike off then they can file
an appeal within a period of 20
years from the date of publication
of striking off notice in the official
Gazette by ROC before NCLT to
restore company’s name.

7. How much time it take
to revive name of
company?
• It generally takes 6-8 months to revive the
name of company that depends on bench and
hearings thereon.

8. What are the services lawyerinc offers
for revival of struck off company?
• Our comprehensive range of end-to-end solutions includes following:
• End to end services for Revival of Struck off Company.
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• We will get in touch with you through renounced lawyers in this field.
• Our Experts shall guide you through the procedure and supply you with a detailed checklist of the
required documents.
• We shall verify the documents you provide.
• We will draft and file a Application for Revival of Struck off Company.
• We will inform you about day to day hearing in tribunal.

9. What are various steps for filing
application for revival of struck off
company?
• Step-1: Application before Tribunal: Filing an application before NCLT under Section 252(3) of the
Companies Act, 2013 in Form No. NCLT-9.
• Various documents need to be accompanied with appeal:
• The appeal need to be accompanied with a supporting affidavit verifying application for revival of
company in Form No. NCLT 6.
• Copy of notice or publication issued by ROC
• Copy of board resolution
• List of Directors of the Company;
• Copy of Memorandum of Association and Articles of Associations of the Company
• Latest Audited balance sheet of the company
• Copy of bank statement showing that company is still in operation

10. Step-2: Service of Appeal / Application: The
Applicant need to file 3 copies of application
before NCLT. The Applicant will serve copy of
application to ROC and Income Tax authority
through speed post or registered post or via
Dasti not less than 14 days before the date
fixed for hearing of the application.
Step-3: Passing of order: Bench (Tribunal) will
hear Applicant about the reason of non filing
of statutory documents or non-functioning of
company. Bench will ask ROC and Income tax
authority to file their report. If bench is
satisfied with the facts of the case that
company is able to run its business and if ROC
has not objection to revive the company then
bench can order for revival of the company.
Bench can impose certain penalty also.

11. • Step-4: Submission of certified copy of order with ROC:
• The Applicant is required to deliver a certified copy to the said order with Registrar of
Companies within thirty days from the date of the said order in INC 28;
• Applicant is required to pay said penalty amount or cost imposed by Tribunal;
• Applicant Company is required to file all pending statutory documents such as financial
statements and annual returns with ROC as time prescribed by tribunal in the said order.

12. Step-5: Publication in official Gazette: On receiving of such order,
ROC in its official name and under its seal shall publish the order of
revival of such company in Official Gazette. This publication will have
same effect as if company had not been struck off before.
Step -6: Filing of statutory documents with ROC: Applicant
Company is required to file all pending statutory documents
such as financial statements and annual returns with ROC
as time prescribed by tribunal in the said order.

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