Revival of Struck Off Companies – Hassle-Free Restoration Services
Guidance on restoring companies struck off the Register under the Companies Act, 2013, covering eligibility, grounds, benefits, documents, procedures, timelines, CFSS-2020 context, and FAQs.
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Overview on Revival of Struck Off Companies
A strike-off is removal of a company's name from the Register by the Registrar under the Companies Act, 2013, either voluntarily or compulsorily. Unlike winding up, it is a temporary closure: revival is possible up to 20 years from Gazette notification under Section 252. Eligible parties (company, director, shareholder, creditor, employee) can apply for restoration—within 3 years for compulsory strike-offs and within 20 years for voluntary strike-offs.
Who Can Apply for Revival of Struck Off Companies?
Eligible applicants under Section 252 include: ● The company itself (through directors or authorized representatives) ● Any creditor or member with financial interest ● Workmen or employees employed at time of strike-off
Grounds for Revival of Struck Off Companies
NCLT may restore if valid grounds are shown: ● Ownership of immovable property held by the company ● Regulatory compliance evidence (GST, Income Tax, Provident Fund, etc.) ● Ongoing business operations (active bank transactions or similar) ● Annual license renewals showing continuity ● Public interest and supporting evidence proving operational status
Benefits of Revival of Struck Off Companies in India
● Creditor Recovery: Enables legal action to recover dues with interest after revival. ● Enforcement of Liabilities: Company and directors remain accountable for past liabilities. ● Avoid/Reverse Director Disqualification: Revival prevents or reverses disqualification under Section 164 for non-filing of returns. ● Prevent Legal Prosecution: Timely revival and compliance can avoid or withdraw prosecution recommended by ROC. ● Reinstatement of Directorship: Disqualified directors can resume positions post-revival and compliance. ● File Overdue Returns: Allows filing pending annual returns/statutory documents by paying nominal fees. ● Waiver of Additional Penalties: No further proceedings if overdue filings submitted within scheme’s period. ● Withdrawal of Prosecution: Existing legal proceedings may be withdrawn upon full compliance.
1. Documents Required for Revival of Struck Off Companies
● Certificate of Incorporation
● Memorandum of Association (MOA)
● Audited Financial Statements from date of strike-off to support operations
● Bank Statements evidencing active transactions
● Striking Off Order issued by ROC
● Affidavit Verifying the Petition
● Board Resolution authorizing filing of revival petition
● Permanent Account Number (PAN) of the company
● Income Tax Returns for relevant period
● Property Documents if company owns immovable assets
● Memorandum of Appearance or Vakalatnama authorizing legal representative
● Any other supporting documents proving operational status
Procedure for Revival of Struck Off Companies
Step-by-Step Process:
1. Filing the Application/Petition: File Form NCLT-9 with NCLT, along with demand draft of ₹1,000 favoring Pay and Accounts Officer, MCA.
2. Serving Copy of Petition: Serve copy to ROC and relevant parties at least 14 days before hearing.
3. Hearing by the Tribunal: NCLT hears petitioner and ROC; if satisfied revival grounds exist, may order restoration.
4. Order of Revival: Tribunal issues restoration order; applicant must deliver certified copy to ROC within 30 days; ROC publishes order in Official Gazette; applicant bears costs; company must comply with pending filings as directed.
5. Filing Form INC-28: File copy of Tribunal’s order with ROC in Form INC-28 within 30 days.
6. Publication in Official Gazette: ROC publishes name restoration in Gazette.
7. Filing of Pending Documents: Submit all overdue annual returns, financial statements, and other required documents to ROC to ensure full compliance.
Fee Structure for Revival of Struck Off Companies
Fees include NCLT filing fee (e.g., demand draft ₹1,000 for petition) and ROC filing fees for Form INC-28 and overdue documents as per MCA schedule. Exact ROC fees vary by company type and capital; payable via challan or bank draft at filing time.
Timeline for Revival of Struck Off Companies
Typical durations from petition to Gazette publication and compliance.
Preparation and Filing Petition
1-2 weeks
Assemble documents, draft petition (Form NCLT-9), obtain demand draft, and file with NCLT.
Serving Petition and Scheduling Hearing
2-4 weeks
Serve ROC and stakeholders; wait for NCLT listing and hearing date.
NCLT Hearing and Order
Depends on tribunal schedule (4-8 weeks)
Attend hearing; obtain restoration order if grounds accepted.
Post-Order Filings
Within 30 days of order
File Form INC-28, deliver certified copy to ROC, publish in Gazette, then file overdue returns/statements.
Why Choose DoStartup for Revival of Struck Off Companies
End-to-end support for restoration under Companies Act, 2013.
10+ years of expertise in legal and compliance consulting
Successfully handled 500+ struck off company revival cases
In-depth case evaluation for eligibility and grounds
Complete assistance in drafting and filing NCLT petitions
Professional representation at NCLT hearings
Expert advisory on Section 252 and related provisions
Support with ROC filings and post-revival compliance
Seamless guidance through the entire restoration process