Overview

Are you looking to revive your struck-off company? You’re in the right place! Fastzeal offers expert assistance for the swift revival of struck-off companies.

A company is struck off when its name is removed from the Register of Companies by the Registrar as per the provisions of the Companies Act, 2013. This is a temporary closure rather than a permanent winding-up, meaning the company can be revived within 20 years from the date of the strike-off.

An appeal for revival can be filed by:

1. 1.      The Company itself

   2.     Any aggrieved person

   3.     A creditor, member, or workman

   4.    The Registrar of Companies (ROC)

A member, creditor, or workman can file a petition under Section 252(1) within 20 years of the strike-off notification in the Official Gazette. Others can file under Section 252(3) within three years of the notification. A demand draft of 1,000rs must be submitted along with the petition.

For compulsory strike-off by the Registrar, the appeal must be filed within three years of the Registrar's order. However, for voluntary strike-off, the revival application can be made within 20 years from the date of publication in the Official Gazette.

Grounds for Revival of Struck Off Companies

The National Company Law Tribunal (NCLT) considers the following grounds for revival:

• 1.      The company owns immovable property.

  2.    The company has been complying with tax authorities like GST, Income Tax, and Provident Fund.

  3.     Bank statements show active business transactions.

  4.    The company has been renewing licenses and registrations regularly.

  5.   Other evidence proves that the company is operational and that its revival is in the public interest.

Benefits of Reviving a Struck-Off Company

Reviving a struck-off company offers multiple advantages:

1. 1. 1.      Debt Recovery: Creditors can take legal action to recover overdue amounts with interest.

      2.     Protection of Assets & Liabilities: The company can resume business and fulfill its obligations.

      3.     Avoid Director Disqualification: Directors of companies that fail to file returns for three consecutive years face disqualification for five years. Revival prevents this.

      4.     No Legal Proceedings for Delay: Companies can file overdue returns with a nominal fee (300rs-600rs), avoiding heavy penalties.

      5.    Resumption of Business Activities: Once revived, the company can continue operations without restrictions.

      6.     Compliance Benefits: Pending filings can be completed without penalties if revival is done under special government schemes.

Documents Required for Revival of Struck-Off Companies

The following documents must be submitted for the revival application:

1. 1.      Certificate of Incorporation

   2.     Memorandum of Association (MOA)

   3.     Audited Financial Statements from the date of strike-off

   4.     Bank Statements proving business activity

5.    Striking-Off Order issued by the ROC

6.     Affidavit Verifying the Petition

7.   Board Resolution authorizing the revival petition

8.   PAN Card of the Company

9.   Income Tax Returns

10.  Property Documents (if applicable)

11.  Memorandum of Appearance or Vakalatnama

12.  Any other necessary documents as required

Registration Procedure for Revival of Struck-Off Companies

Step 1: Filing the Application

• 1.     Submit Form NCLT-9 with a demand draft of 1,000rs payable to the Ministry of Corporate Affairs (MCA).
  
  

Step 2: Serving a Copy of the Petition

• 1.     At least 14 days before the hearing, a copy of the petition must be sent to the Registrar of Companies (ROC) and any other relevant authorities.
  
  

Step 3: Hearing by the Tribunal

•     1.      The NCLT conducts hearings to review objections and arguments from both parties—the applicant and the ROC.

      2.     If satisfied, NCLT orders the revival of the company in the ROC records.

Step 4: Tribunal Order

•          1.      The Tribunal directs
  
  
  • The applicant must submit the order to the ROC within 30 days.
  • The ROC will publish the revival order in the Official Gazette.
  • The company must file all pending annual returns and financial statements.
    
    

Step 5: Compliance & ROC Filing

•         1.      The revived company must file a copy of the order in Form INC-28 with the ROC within 30 days.
  
  

Step 6: Publication of Order

•         1.     The ROC will publish the order in the Official Gazette.
  
  

Step 7: Filing of Pending Documents

•         1.      The company must submit all overdue financial statements and annual returns as per the Companies Act, 2013.

Revival of Struck-Off Companies Under CFSS-2020

In 2017-2019, the Registrar of Companies (ROC) struck off thousands of companies for non-compliance. Reviving them was costly due to penalties and overdue filings.

However, under the Companies Fresh Start Scheme (CFSS-2020), businesses got an opportunity to revive their companies without paying hefty penalties.

Key benefits of CFSS-2020:

1. 1.      Waiver of additional fees for filing overdue returns.

   2.     Protection from prosecution and penalties for late filings

   3.     Companies can resume operations without legal restrictions.

How Fastzeal Can Help in Revival of Struck-Off Companies

At Fastzeal, we specialize in reviving struck-off companies with expert legal and compliance support. Here’s why businesses trust us:

1. 1.      10+ Years of Experience in business consulting and company revival

   2.     500+ Successful Revival Cases handled by our experts

   3.     Legal Guidance for case analysis and filing NCLT petitions

   4.     End-to-End Support in NCLT hearings and ROC compliance

5.    Expert Assistance in preparing and submitting all required documents