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
|Particulars||Form / Documents|
|Company Petition||NCLT 9|
|Copies of Certificate of incorporation, Memorandum and Articles of Association, & Master data||Attach the relevant copies|
|Copy of Notices issued by ROC||(STK -1, STK 5, STK 7)|
|Evidence regarding payment of Fee||Demand Draft|
|Affidavit Verifying the Petition||NCLT 6|
|Balance Sheets and Annual Returns||Attach the relevant copies|
|Evidence that Company has been carrying its business||Bank statements, details ofMajor transactions etc|
|Undertakings if any||In Form of Affidavit|
|Dully Executed Vakalatnama/ Memorandum of Appearance||Form No 12|
Effect of Tribunal’s Order
The Striking off the Company as Such does not lead to disqualification of Directors but the conditions of Strike off & Directors disqualifications are somewhat similar. Therefore the Directors of those companies that have not filed their financial statements & Annual Return for a continuous period of 3 years are disqualified under section 164(2) Further such companies are presumed to be non operational & struck off under section 248 of Companies Act 2013.
No, NCLT does not have jurisdiction to remove the disqualification of directors.
Earlier the disqualified directors had the option under CODS 2018 to remove their disqualification. Now after the expiry of the CODS the directors may seek relief from judicial courts.
|Revival of Companies||Revival of DIN|
|The Companies are struck off by the ROC under Section 248 of Companies Act||The Disqualification of Directors is incurred for the reasons given under section 164 for a period of 5 years|
|The Directors can file the Revival petition under Section 252 of Companies Act||As of now there is no provision in companies Act for speedy Removal of Directors Disqualification & Revival of DIN|
|The Revival Petition can only be filed with NCLT||NCLT has no jurisdiction to remove the directors Disqualification. For Removal of Disqualification of Directors, a writ petition may be filed in High Court.|
|CODS scheme floated by MCA (operational till 1 st May 2018) was not applicable on struck off Companies||CODS scheme (operational till 1 st May 2018) was for revival of DIN & removal of Directors Disqualification.|
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