How to Restore a Company That Was Struck Off by the ROC?

The Company Restoration Process becomes a lifeline when a business name has been removed from the register of the Registrar of Companies (ROC). It helps a business get back its legal identity & continue operations again. We explore how to restore a struck off company under the legal process highlighting steps, requirements & useful tips.

Today, In this article we will look at how to restore a company that was struck off by the ROC on Filesure.

What Does It Mean for a Struck Off Company Under ROC

The struck off company under ROC means its name is removed from the register. It loses legal identity & cannot sign contracts & its assets may go to the government. The trigger usually comes from missing compliance like not filing annual returns or not starting business. We must understand what caused the strike off as part of the revival journey.

Restoration Under Companies Act 2013

The Companies Act 2013 covers the complete process. The strike off comes under Section 248 & the revival process comes under Section 252. The company or its members or creditors may apply to the National Company Law Tribunal (NCLT) for restoration. It can also be done by ROC if the removal happened by mistake. This is the “restoration under Companies Act 2013” route.

Applicant	Time limit for applying	Legal provision
Company or any member or creditor or workman	Up to 20 years from gazette publication of strike off notice	Section 252(1) & (3)
Person aggrieved by ROC order	Within 3 years from the date of strike off order	Section 252(1)
ROC in case of error in striking off	Within appropriate period as prescribed	Section 252(2)

The time limit changes if the strike off was voluntary or done by ROC.

Application to NCLT for Restoration

The NCLT handles the legal process for bringing the company back to life. The steps together form the Company Restoration Process.

Step 1: Prepare & file the petition

The petition is made in Form NCLT-9 with all documents. We pay the set fee by demand draft or as asked. It must show why the company should be restored like being active or struck off by mistake.

Step 2: Serving copies & obtaining hearing

The petition copy goes to ROC & others 14 days before hearing. They check the matter during hearing & the petitioner presents the case.

Step 3: Order & formalities

The NCLT issues an order for restoration if satisfied. It means the company name is restored as if it was never struck off. We must file a certified copy of order with ROC in Form INC-28 within 30 days. The company must then file all pending annual returns & statements & pay overdue fees.

Documents Required for Company Restoration

The smooth Company Restoration Process needs clear paperwork. The table shows the main documents.

Document	Purpose
Certified copy of strike off order or Gazette notification	Shows the date & order of removal
Certificate of Incorporation, MOA & AOA	Confirms identity of company
Board resolution authorising filing of petition	Approves action by company
Audited financial statements & bank statements	Proves business activity
Income Tax Returns & GST returns if any	Shows compliance or activity
Affidavit verifying petition	Confirms facts
Vakalatnama or Memorandum of Appearance	If represented by legal counsel
Details of directors or shareholders	For records
Property documents if company owns assets	Shows proof of business or value
Other documents supporting business operations or revival grounds	Adds strength to the case

These documents are part of latest practice under Companies Act 2013.

Why the Company Was Struck Off & How to Revive?

The Non-start of business after registration
There is No operations for two consecutive years
There is No application for dormant status
The Non-payment of subscription money
The Non-filing of required declarations
Prepare proofs like bank statements & filings to support revival

What are the Costs, Time Limits & Strategy?

The real world Company Restoration Process depends on right planning.

Restoration Fees and Charges:

The filing fee for petition is around ₹1,000. The company must also pay penalties for late filings. We may need professionals for legal or accounting help.

Time Limit for Company Restoration:

The petition must reach NCLT within the allowed period of 3 years or 20 years as per type. It takes around 2-6 months to complete the process. The duration can vary by case.

Legal Remedies for Struck Off Companies:

The law provides options if the company was struck off wrongly. The ROC can restore the company if the strike off was based on wrong facts. The members or creditors can file an appeal if they feel the removal was not justified.

What are the Steps to Reopen a Closed Company?

The process to reopen starts with checking the company status on the MCA site. We gather all needed documents. We hire a legal or CS or CA professional for petition filing. The petition is filed in Form NCLT-9 & copy goes to ROC. We attend hearings & provide more documents if asked. The NCLT order then goes to ROC in Form INC-28. The company finishes pending filings & then resumes its active status.

Conclusion

At Last, we can conclude that Company Restoration Process gives a new life to a business that was struck off by the ROC. The company can get back its legal identity & start working again. We must act fast & prepare all documents carefully.

We should take help from experts to make sure the process goes right. The careful follow up ensures that the business stands active again without trouble.

Also Read: What Happens If You Miss Your Roc Annual Filing Deadline

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