Revival of Struck Off Companies
When a company is marked as "struck-off," it means its name has been removed from the official register maintained by the Registrar of Companies (ROC). This signifies that the company ceases to exist
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What does the Company Status "Struck-Off" Mean?
<p>When a company is marked as "struck-off," it means its name has been removed from the official register maintained by the Registrar of Companies (ROC). This signifies that the company ceases to exist as a legal entity, and it cannot carry out any business activities.</p>
<p>However, directors may still be held liable for any pending dues or legal obligations even after the strike-off. Remember, if the company is not revived within 20 years, it will be considered permanently dissolved.</p>
<p>Companies can be struck-off for various reasons, primarily related to non-compliance or inactivity:</p>
<p>The striking off can happen in two ways:</p>
<p>While both striking off andwinding up of the companylead to the cessation of a companys legal existence, they differ significantly:</p>
Eligibility Criteria
All registered entities requiring compliance services
Documents Required
Registration Process
Step 1: Drafting and Filing the Revival Petition with NCLT (Form NCLT-9)
The process begins with the preparation and submission of a petition in Form NCLT-9 to the appropriate bench of the National Company Law Tribunal, stating: Reason for strike-offGrounds for revivalRelief soughtSupporting documents (financials, returns, etc.) File an affidavit verifying the petition (Form NCLT-6) and other supporting documents (board resolution, MOA, AOA, etc.). A prescribed filing fee (usually ₹1,000) must be paid as per current NCLT procedures.
Step 2: Serving Copies to the ROC and the Income Tax Department
A copy of the petition, along with all supporting documents, must be served on the ROC and the Income Tax Department at least 14 days before the hearing date (or as directed by the Tribunal). This allows these authorities to review the petition and present their observations or objections to the NCLT.
Step 3: The Hearing at the NCLT
The NCLT will schedule a hearing where the petitioner (or their authorized representative, such as a Company Secretary or lawyer) will present their case. The ROC may also present its views or objections. The Tribunal will assess the evidence and arguments presented by both sides.
Step 4: The NCLT Order for Restoration
If satisfied that the company was active or it is just and equitable, the NCLT may order the restoration of the companys name to the Register of Companies. The order may include specific directions, such as filing all pending annual returns and financial statements and paying any outstanding fees or penalties.
Step 5: Filing the NCLT Order with the ROC (Form INC-28)
Once the NCLT order is issued, a certified copy of the order must be filed with the Registrar of Companies in Form INC-28 within 30 days from the date of the order. This formally notifies the ROC of the NCLTs decision to restore the companys name.
Step 6: Filing All Pending Documents and Paying Penalties
As per NCLT directions, the company must file all pending annual returns (Form MGT-7) and financial statements (Form AOC-4) with the ROC, along with applicable late filing penalties under Sections 92 and 137 of the Companies Act, 2013.
Step 7: ROC Publishes Order and Your Company is "Active"
Upon successful filing of the NCLT order and all pending documents, the ROC will publish the restoration order in the Official Gazette. At this point, the companys status in the MCA records will change back to "Active," and legally, the company is then considered to have never been struck-off.
Fees & Charges
| Fee Component | Amount |
|---|---|
| NCLT Filing Fees | A statutory fee of Rs. 1,000 for filing the petition in Form NCLT-9. |
| Drafting the petition | |
| Preparing supporting documents | |
| Representing the company at NCLT hearings | |
| Notarizing affidavits | |
| Printing, scanning, and compiling required documents | |
| Preparing Power of Attorney, Board Resolutions, etc. | |
| ₹100 per day of delay per form, per filing (no upper cap). | |
| This applies to most key compliance forms, like | Form AOC-4 -Financial StatementsForm MGT-7 -Annual ReturnForm MGT-7A -(for small companies/OPCs) |
| Form AOC-4 -Financial Statements | |
| Form MGT-7 -Annual Return | |
| Form MGT-7A -(for small companies/OPCs) | |
| Besides the ₹100/day penalty, the standard filing fees based on the companys nominal share capital also apply. | |
| For companies with share capital, the normal filing fee per form ranges from ₹200 to ₹600, depending on the capital. |
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