Revival of Company
What is the Eligibility Criteria of filling appeal and application?
Who can file an appeal?
- Any person aggrieved by the order of the Registrar for removal of the name of the Company from the Register of the Companies may file an appeal under section 252(1) of Companies Act, 2013 with Tribunal in Form as prescribed for restoration of the name of the Company within a period of three years from the date of passing of the order dissolving the company under Section 248 of Companies Act, 2013.
Who can file an application?
- Registrar may file an application under Section 252(1) of the Companies Act, 2013 to Tribunal for restoration of name of the company in Form as prescribed within a period of three years from the date of passing of the order by ROC for dissolving the company under section 248 of Companies Act, 2013.
- Company itself, Member, Creditor or Workman may also file an application under Section 252(3) of the Companies Act, 2013 to Tribunal for restoration of name of the company in Form as prescribed before the expiry of twenty years from the publication of notice of strike off the name of Company in the Official Gazette under Section 248(5) of the Companies Act, 2013.
PROCEDURE INVOLVED FOR RESTORATION
Drafting and filing of an Appeal or Application
- You need to provide us the details as required to be filled and the documents required to be annexed with the application to be submitted with Hon’ble Tribunal. Accordingly, we will draft an appeal or application and submit it alongwith required documents before Tribunal having jurisdiction over the concerned Registrar with demand draft of Rs. 1,000 (Rupees One Thousand) drawn in favor of the Pay and Accounts Officer, Ministry of Corporate Affairs in triplicate.
Submission of Appeal or Application with ROC
- After its submission before Tribunal, we will coordinate with you to serve the copy of appeal under Section 252(1) or application under Section 252(3) to ROC and other person, if any directed by Tribunal (example: Income Tax Department) at least fourteen days before the first date fixed for hearing.
Hearing and getting final order
- We will help you in getting the Final order of Tribunal upon hearing of the appeal or application.
Deliver certified copy of order to ROC
- Thereafter the certified copy of final order received from Tribunal will be submitted to Registrar of Companies through filing of form as prescribed within 30 days from date of receiving of order or delivery of order.
Publication of order in official Gazette
- Registrar will publish the order in Official Gazette with his official name and seal and we will intimate you about the inclusion of name of the Company in the Register of Companies after restoration. You have to pay Registrar of Companies his cost.
Fresh Certificate of Incorporation
- We will help to get the fresh Certification of incorporation and provided the same to you.
Filing of pending Financial Statements and Annual Returns
- Last but not least, we will also provide post revival the service of filing of all the pending Financial Statements and the Annual Returns within such time period as directed by Tribunal in order to comply Companies Act, 2013 and rules made thereunder.
Following documents and details are required to be filed along with the application/petition/appeal:
- Affidavit verifying application;
- Synopsis of the case;
- Copy of Notice of Strike off in STK-1, STK-5 and STK-7;
- Proof of payment of Application fees of Rs. 1,000 (Rupees One thousand);
- Memorandum of Appearance with a copy of BR or Vakalatnama;
- Evidence of going concern operation of the Company like
- copy of Income Tax Acknowledgement filed with Income Tax Department
- copy of Bank Statement;
- copy of the land deed (in case any land is in the name of the Company reflecting on the Balance Sheet)
- Copy of Memorandum of Association (MoA) and Articles of Association (AoA) of the Company;
- Certificate of Incorporation;
- Signed Profile of Directors involved;
- Any other documents (if any) in support of the case.
STATUS OF THE COMPANY AFTER REVIVAL
After restoration the name of the Company by Registrar, the status of the Company remains in the same position as the name of the Company has not been struck off from the Register of Companies.