PROCEDURE FOR RESTORATION/REVIVING OF A COMPANY UNDER THE COMPANIES ACT, 2013
RESTORATION OF COMPANIES NAME DISSOLVED UNDER SECTION 248 OF THE COMPANIES ACT, 2013
A company dissolved under section 248 can be restored on the Register of Companies by National Company Law Tribunal (“Tribunal”) order. The Company, Member or Creditor or even a Workmen can make an application to revive the Company. Such an application must be made before the expiry of 20 years from the publication in the Official Gazette of the notice of the striking-off.
Following are the key steps that needs to be taken in order to revive a Company by making application to NCLT-
|Sr. No.||Steps||Remarks, if any|
|1.||Application to the Tribunal under Section 252 (3) of the Act||Form No. NCLT-9|
|2.||Filing of application to the concerned Registrar of Companies (“ROC”)||Not less than 14 days before the date fixed for the hearing of the application.|
|3.||Documents required to be attached with NCLT-9:
– Affidavit verifying application;
– Payment receipt of Rs. 2,500
– Memorandum of Appearance with copy of Board resolution;
– Any other documents in support of the case.
|4.||Hearing at the Tribunal and Tribunal may pass order for restoring the name of the company in the Register of Companies|
|5.||A copy of the order passed by the Tribunal shall be filed by the company with the Registrar||File Form INC-28 within 30 days from the date of order.|
|6.||Publication of order in official gazette by ROC.|