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REGULATORY PROVISIONS

Section 252 of the Companies Act, 2013 read with Rule 87A of the National Company Law Tribunal (Amendment) Rules, 2017.


WHO CAN FILE APPEAL FOR REVIVAL OF COMPANY


1. By any Person


Aggrieved by the order of Registrar can file appeal within 3 years from date of order of Registrar.

2. By Registrar


on being satisfied that the name of the Company has been struck off from the Register of Companies either inadvertently or on the basis of incorrect information furnished by the Company or its Directors can file appeal within 3 years from the date of passing of the order dissolving the company under section 248.

3. By Company, or any Member or Creditor or Workman


Aggrieved by Company having its name struck off from the register of companies can appeal file within 20 years from date the date of publication of notice of strike off in the Official Gazette.




Procedure for Revival of Company


1. Filing an Appeal or Application


An appeal or application shall be made in format of NCLT 9 along with a demand draft of Rs. 1000/- in favor of “Pay and Accounts Officer, Ministry of Corporate Affairs” and following documents shall be attached with the appeal:
(a) An Affidavit verifying the petition in the form NCLT 6
(b) Order passed by the ROC for striking off
(c) Certificate of Incorporation
(d) Memorandum of Association

2. Submission of Petition


A copy of petition shall be submitted to Registrar of Companies not less than 14 days before the date of hearing fixed with the Tribunal.


3. Passing a Order


The Tribunal i.e. NCLT after hearing, shall pass order striking off the name or restoring the name of the Company.

4. Order of Tribunal Filed with ROC


The Company shall deliver a certified copy of the order to the ROC within 30 days in eForm INC-28, and File pending financial statements and annual returns with the Registrar and comply with the requirements of the Companies Act, 2013 and rules made there under within such time as may be directed by the Tribunal.




GROUNDS FOR REVIVAL

The following are the grounds on which the revival of Companies is done by NCLT:

1. In case the Company is having any immovable property.
2. In case the Company has all done other compliances with Income tax, GST, Provident Fund and the like authorities apart from ROC.
3. In case there are active transactions in the bank statements of the Company evidencing the Company to be an ongoing one.
4. In case the Company is renewing any license on an annual basis, which is required to be taken like FSSAI license, Excise, etc.
5. Any other documents depending upon the circumstances and case to case basis.
The basic moto is that there should be some document showing that it is in the public interest to revive the Company and the Company is an ongoing one