Introduction to Prospect Legal

Prospect Legal is a trusted law firm with 15+ years of expertise in corporate litigation, insolvency, and company revival cases under the National Company Law Tribunal (NCLT). Our seasoned team of attorneys specializes in reviving struck-off companies, ensuring compliance with the Companies Act, 2013, and restoring business operations. With a proven track record of successfully reinstating 50+ companies, we provide end-to-end legal support, from documentation to tribunal advocacy, empowering stakeholders to reclaim their corporate identity.

Where You Can Find Remedies?

Company revival cases are adjudicated by the NCLT under Section 252 of the Companies Act, 2013, which permits stakeholders to restore a struck-off company within 20 years of dissolution. Additional oversight may involve:

• Registrar of Companies (RoC): Submits reports on the company’s compliance history.
• Regional Director: Reviews objections to revival under public interest.

Has your company struck off the RoC register? Contact Prospect Legal to initiate revival proceedings and resume operations.

📞 Call us at 7000-12-7225

Understanding the Legal Process

Voluntary Process (Stakeholder-Initiated):

1. Eligibility Check: Confirm the company was struck off due to non-compliance (e.g., missed filings).
2. Draft Petition: Prepare a revival application under Section 252 with supporting documents.
3. NCLT Filing: Submit the petition to the tribunal for approval.
4. Hearing & Order: NCLT reviews RoC/Regional Director reports and issues revival orders.

Compulsory Process (NCLT-Mandated):

1. Public Interest Scrutiny: NCLT may reject revival if the company engaged in fraud or tax evasion.
2. Compliance Directives: Order payment of pending fees, fines, or filings before revival.

Legal Protection Under Key Provisions

Section 252 of the Companies Act: Revival of Struck-Off Companies

• When Can a Claim Be Filed?
  • If the company was struck off by RoC but remains operational or solvent.
  • Within 20 years of dissolution, with valid reasons for non-compliance (e.g., administrative errors).
  • To protect stakeholder interests (e.g., shareholders, creditors).

Section 252(3): NCLT’s Powers

• Powers of the Adjudicating Authority (NCLT):
  • Restore the company’s name to the RoC register.
  • Impose penalties or compliance conditions (e.g., filing overdue returns).
  • Dismiss petitions if revival harms public interest.

Process of Remedy Through Prospect Legal

Step 1: Initial Consultation & Case Assessment

• Case Review: Analyze RoC strike-off orders, compliance history, and stakeholder rights.
• Eligibility Check: Confirm adherence to the 20-year timeline under Section 252.
• Risk Assessment: Highlight challenges like pending taxes or creditor objections.
• Strategy Planning: Advise on timelines, costs, and required documentation.

Step 2: Legal Documentation & Filing

• Draft Petition: Prepare Form NCLT-9 with affidavits, financial statements, and RoC correspondence.
• Evidence Compilation: Gather AGM minutes, bank statements, and asset records.
• NCLT Compliance: File in the tribunal where the company was registered.
• Service of Notice: Notify RoC, Regional Director, and stakeholders.

Step 3: Compliance & Negotiations

• RoC Liaison: Rectify overdue filings (e.g., annual returns, financial statements).
• Regional Director Coordination: Address objections and submit compliance proofs.
• Tribunal Representation: Advocate in hearings to justify revival necessity.
• Stakeholder Negotiations: Resolve creditor/shareholder disputes pre-revival.

Step 4: Resolution & Final Actions

• NCLT Order: Secure revival approval and RoC reinstatement.
• Post-Revival Compliance: File pending documents and clear penalties.
• Appeal Management: Challenge adverse orders in NCLAT, if required.
• Operational Support: Assist with bank account reactivation and GST reinstatement.

For expert legal representation, reach out to Prospect Legal now.
📞 Call us at 7000-12-7225