Introduction

Striking off a company can have significant consequences for business owners, directors, and stakeholders. Whether the company was struck off due to non-compliance, inactivity, or other reasons, restoring it can be a complex legal process.

Prospect Legal specializes in assisting businesses in reviving struck-off companies and ensuring compliance with legal requirements. With years of expertise in corporate law, we guide clients through the restoration process efficiently and effectively.

Where You Can Find Remedies?

The revival of a struck-off company is handled by the following legal bodies:

• Registrar of Companies (ROC): Handles administrative restoration applications.
• National Company Law Tribunal (NCLT): Governs legal restoration of companies struck off due to non-compliance.
• High Courts: In rare cases, legal intervention may be required at a higher judicial level.

If your company has been struck off, consult Prospect Legal for expert legal advice and assistance in initiating the restoration process.

Legal Protection Under Section 248-252 of the Companies Act, 2013

The restoration of a struck-off company is governed by specific legal provisions:

Section 248: When Can a Company Be Struck Off?

A company may be removed from the register due to:

• Failure to file financial statements and annual returns
• Business inactivity for an extended period
• Non-compliance with statutory requirements
• Voluntary dissolution by company directors

Section 252: Powers of the Adjudicating Authority

• The NCLT has the authority to restore a company’s legal status if a valid petition is filed.
• The tribunal may order compliance measures before reinstatement.
• If revival is granted, the company is reinstated as if it was never struck off.

Understanding the Company Revival Process

The process of restoring a struck-off company involves two primary routes:

1. Administrative Restoration (for wrongful striking off)

• Applicable when the company was struck off erroneously.
• An application is submitted to the ROC within a prescribed time limit.
• Upon approval, the company is restored without tribunal intervention.

2. NCLT Petition for Revival (for non-compliance cases)

• A petition is filed with the National Company Law Tribunal (NCLT).
• Supporting documents, including financial statements and affidavits, must be submitted.
• The tribunal reviews the case and grants revival upon compliance.

Process of Remedy Through Prospect Legal

At Prospect Legal, we offer a step-by-step approach to restoring struck-off companies:

Step 1: Initial Consultation & Risk Assessment

• We assess the reasons behind the striking off.
• Our legal experts determine the best restoration approach.
• Clients receive a detailed legal opinion on the next steps.

Step 2: Legal Documentation & Filing

• We prepare and file the NCLT petition (if required).
• Documentation includes affidavits, director reports, and financial statements.
• For administrative restoration, we file an appeal with the ROC.

Step 3: Compliance & Negotiations

• We ensure all pending filings are completed.
• Our legal team represents clients in hearings before the NCLT.
• We liaise with regulatory authorities to ensure compliance.

Step 4: Resolution & Final Actions

• Upon successful restoration, we assist in:
  • Updating corporate records.
  • Reinstating bank accounts and financial operations.
  • Implementing compliance strategies to prevent future issues.