Revival of struck off companies 
                     Revival of 
struck off 
companies
Introduction
• Registrar of Companies (ROC) is empowered to strike off a dysfunctional company 
under Section 248 of the Companies Act, 2013 and NCLT for revival of struck up 
companies. 
• By the virtue of its power, Ministry of Corporate Affairs had struck off approximately 
2 lakh defaulting Companies for non filing of its statutory documents for last 3 
years or more in late 2017. 
• In order to give opportunity to companies to revive of their business, a dissolved 
company can be restored in the Register of Companies (ROC) under Section 252 of 
the Companies Act, 2013 by an order of the National Company Law Tribunal (NCLT).
Who has authority to strike off 
name of company from the 
register of companies?
• The Registrar of Companies is empowered to strike off the dysfunctional companies 
or companies who have not filed their statutory documents from last 3 years or 
more. 
• ROC needs to send notice to companies as mandated by law before initiating strike 
up procedure.
ROC can strike off which companies?
• Companies who have failed to commence their business within one year of its 
incorporation;
• Companies who have failed to carry on business for last two preceding financial 
years;
• Company who have extinguish of all liabilities;
• Company who have failed to file statutory documents with ROC for last 3 years or 
more.
Who can file an application for 
revival of company?
The company, its member or employees or Such application for revival of company 
a creditor can make an application under need to file within 20 years from the date 
section 252 (3) read with rule 87A of NCLT publication of the notice of the striking-off 
(amendment) rules, 2017 for revival of in official gazette.
strike up company.
What is the time period under which A 
strike off appeal can be filed?
  If a Company, any member, Any person aggrieved by the order 
employee or creditor is aggrieved 
of the Registrar (ROC) to strike-off 
by the strike off then they can file 
the name of a Company, can file an 
an appeal within a period of 20 
appeal before NCLT to revive the 
years from the date of publication 
company within a period of 3 
  of striking off notice in the official years from the date of publication 
Gazette by ROC before NCLT to 
of notice of strike up by ROC.
restore company’s name.
How much time it take to 
revive name of 
company?
• It generally takes 6-8 months to revive 
the name of company that depends on 
bench and hearings thereon.
What are the services lawyerinc offers for 
revival of struck off company?
• Our comprehensive range of end-to-end solutions includes following:
• End to end services for Revival of Struck off Company.
• We have expertise in getting Revival of Struck off Company.
• We will get in touch with you through renounced lawyers in this field.
• Our Experts shall guide you through the procedure and supply you with a detailed 
checklist of the required documents.
• We shall verify the documents you provide.
• We will draft and file a Application for Revival of Struck off Company.
• We will inform you about day to day hearing in tribunal.
What are various steps for filing 
application for revival of struck 
off company?
• Step-1: Application before Tribunal: Filing an application before NCLT under Section 
252(3) of the Companies Act, 2013 in Form No. NCLT-9.
• Various documents need to be accompanied with appeal:
• The appeal need to be accompanied with a supporting affidavit verifying application for 
revival of company in Form No. NCLT 6.
• Copy of notice or publication issued by ROC
• Copy of board resolution
• List of Directors of the Company;
• Copy of Memorandum of Association and Articles of Associations of the Company
• Latest Audited balance sheet of the company
• Copy of bank statement showing that company is still in operation
Step-3: Passing of order: Bench (Tribunal) 
will hear Applicant about the reason of non 
Step-2: Service of Appeal / Application: The filing of statutory documents or non-
Applicant need to file 3 copies of application functioning of company. Bench will ask ROC 
before NCLT. The Applicant will serve copy of and Income tax authority to file their report. 
application to ROC and Income Tax authority If bench is satisfied with the facts of the case 
through speed post or registered post or via that company is able to run its business and 
Dasti not less than 14 days before the date if ROC has not objection to revive the 
fixed for hearing of the application. company then bench can order for revival of 
the company. Bench can impose certain 
penalty also.
• Step-4: Submission of certified copy of order with ROC:
• The Applicant is required to deliver a certified copy to the said order with Registrar 
of Companies within thirty days from the date of the said order in INC 28;
• Applicant is required to pay said penalty amount or cost imposed by Tribunal;
• Applicant Company is required to file all pending statutory documents such as 
financial statements and annual returns with ROC as time prescribed by tribunal in 
the said order.
Step-5: Publication in official Gazette: On receiving of such order, ROC in its official 
name and under its seal shall publish the order of revival of such company in Official 
Gazette. This publication will have same effect as if company had not been struck off 
before. 
Step -6: Filing of statutory documents with ROC: Applicant Company is required to 
file all pending statutory documents such as financial statements and annual returns 
with ROC as time prescribed by tribunal in the said order.
Contetra Can Help
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Step 1-                                                                                      Step 2-
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