Company Strike Off Clearance

The Ministry of Corporate Affairs has recently completed a strike-off of lakhs of

private limited companies that failed to file an MCA annual return. The Directors of such defaulting company were also disqualified from being a Director in a Company. In this article, we look at the procedure for reviving a company that was marked as strike off by the MCA for defaulting. Start restoring your ROC-struck-off company with IndiaFilings' expert assistance – fast, reliable, and hassle-free! Get Started

Appoint New Directors in lieu of Disqualified Directors

Know more about how to director disqualification. 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. Through a recent clarification, the MCA has instructed the ROCs to accept the appointment of new Directors. While appointing new Directors, there maybe an issue with respect to role check. In such cases, the ROCs already have the facility to add signatory details form the back end with the approval of RD. Hence, ROCs and RDs have to instructed to clear all applications for appointment of new Directors within a week of date of receipt of application.

File Application with NCLT

An application must be filed by the promoters of the company to the

NCLT or National Company Law Tribunal for changing status of the company from strike off to active. Only a 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 Form 12 Memorandum of Appearance before NCLT. A copy of format of Form 12 - Memorandum of Appearance before NCLT is attached below.

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Documents to be Submitted

Along with Form 12, NCLT documentation for change of status from strike off to active must be prepared and submitted in 2 green sheet and 1 normal paper. All documents must be signed by the Authorised Signatory or Director of the company. Company seal must also be affixed. In addition, the following documents must be submitted:

Form 9 to be prepared
Reason for the Strike off (From MCA notice)
Notice copy attachment
MCA master data
MOA/AOA copy to be attached
Last year MCA return filing copy. The newly appointed director in the previous step can file the MCA annual return on behalf of the company.
Board Resolution for Authorized Signatory
Incorporation Certificate copy
Rs 2500/- fees DD challan in the favour of " Pay and Accounts officer Ministry of Corporate Affairs"

Submission of Documents

All of the above documents must be submitted to the 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.

DIN Reactivation

Once the strike off is cleared and the status of the company is marked as active, the process for DIN reactivation can be initiated.

IndiaFilings provides expert assistance to help you revive your company struck off by the ROC. Get your business back on track today! Get Started

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Frequently Asked Questions

Common questions about Reviving Struck Off Companies: MCA Compliance Guidance.

A company strike off refers to a situation where the Ministry of Corporate Affairs (MCA) removes a private limited company from its records for failing to file annual returns. This means the company's registration is canceled, and it ceases to exist legally.

The directors of companies that failed to file annual returns with the MCA were disqualified from being directors in any company. This action was taken by the MCA as a penalty for the non-compliance of the directors.

To revive a struck-off company, the promoters need to appoint new directors, file an application with the National Company Law Tribunal (NCLT), and submit the required documents. If the NCLT is satisfied with the information presented, it can change the company's status from struck off to active.

The documents required include Form 12 (Memorandum of Appearance), Form 9, the reason for strike off, MCA notice copy, master data, Memorandum of Association/Articles of Association, last annual return filing copy, board resolution for authorized signatory, incorporation certificate copy, and a fee challan.

Only a practicing Company Secretary, Chartered Accountant, or Cost Accountant can appear before the NCLT on behalf of the promoters of the struck-off company.

The entire process of reviving a struck-off company, from filing the application with the NCLT to getting the company's status changed to active, typically takes about 1 to 2 months on average.

Once the company's status is changed from struck off to active, the process for reactivating the directors' DIN (Director Identification Number) can be initiated.

Yes, professional services like IndiaFilings can provide expert assistance to help revive a company struck off by the Registrar of Companies (ROC). They can guide and support the process to get the business back on track.

Yes, a fee of Rs. 2,500/- is required to be paid in the form of a demand draft in favor of "Pay and Accounts Officer, Ministry of Corporate Affairs" as part of the application process.

Reviving a struck-off company is crucial if the promoters wish to continue operating the business legally. A struck-off company cannot carry out any business activities or transactions, and reviving it is necessary to regain its legal status and compliance.