If a company fails to comply the requirement of Section 455 of Companies Act, 2013 and Companies (Miscellaneous) Rules, 2014 which talks about filing of Annual Return within 30 Days from the end of financial year the Registrar of Companies will strike off the name of such company from Register.
However, if the company is strike off by the Registrar of Companies, it can be revived again.
If the company was marked as strike off or all the existing Directors of a company were disqualified, the first step is to appoint new Directors to the Board.
The next step is to file an application with the National Company Law Tribunal (NCLT) for changing status of the company from strike off to active. Only an Advocate or practising Company Secretary or Chartered Accountant or Cost Accountant can appear before the NCLT. Hence, the professional appearing on behalf of the promoters must be authorised by way of Vakalatnama in case of Advocate or Form 12 Memorandum of Appearance in case of Practising Company Secretary or Chartered Accountant or Cost Accountant before NCLT.
The necessary documents must be filed with NCLT and the concerned ROC office. Once the application is received with all necessary documents, the NCLT will call for hearing. The practising professional authorised can appear before the NCLT to present the facts of the case. If the NCLT is satisfied with the information presented, the status of the company would be changed from strike off to active. The entire process takes about 1 to 2 months on average.
Once the strike off is cleared and the status of the company is marked as active, the process for DIN reactivation can be initiated.
Filing Samadhan will assist you to activate your Company. For more information, talk to our advisors.