Reissue of company name which is strike off
This query is : Resolved
12 August 2012
Sir,
Is there any provision to reissue the same company name which is strike off.
Actually we have a client who has formed a company is 1996 and which name is strike off in 2001 now they want to reissue that company name.
Is there any possibility?
Is there any provision to reissue the same company name which is strike off.
Actually we have a client who has formed a company is 1996 and which name is strike off in 2001 now they want to reissue that company name.
Is there any possibility?
12 August 2012
Will not get till 2021 through e-form 1A as a corollary to section 560(6) of the Co's Act,1956.
01 September 2012
Sir if we want to revival that company then what will be the procedure for that
01 September 2012
Pl move a suit before the jurisdictional high court u/s 560(6) of the Co's Act,1956 for restoration of name in the register of the ROC.
02 September 2012
Sir, Can you please help me in filing the suit before the High court
02 September 2012
Sir, Can you please help me in filing the suit before the High court
02 September 2012
No Sir, a lawyer at your place is the best person.
15 September 2012
Sir, Pls suggest can we avail the Immunity certificate scheme under company law settlement scheme 2011 for this company
15 September 2012
No prohibition to seek immunity certificate under CLSS 2011 for those cases covered u/s 560(6) of the Companies Act,1956. But CLSS 2011 was only upto 15/01/2012 vide general circular 71/2011 thereby time to seek immunity certificate was also over by 13/07/2012.
17 September 2012
Sir,
Pls suggest if you go apply to obtain approval of this company name as will be formed by different management, then how can we get the same company name; either through High court or other way
Regards
Pls suggest if you go apply to obtain approval of this company name as will be formed by different management, then how can we get the same company name; either through High court or other way
Regards
21 July 2025
You're asking whether a company name that was struck off can be reused or revived, and what are the available routes — especially if the same name is needed either by the old promoters or by a new management.
Let me clarify this in detail and step-by-step.
✅ Scenario 1: Revival of the Struck-off Company
(Same company, same name, same entity)
🔹 Legal Provision:
Under the Companies Act, 1956, this was done under Section 560(6)
Now under the Companies Act, 2013, this is governed by Section 252
🔹 How to Revive:
Make an appeal to:
National Company Law Tribunal (NCLT) (not High Court anymore) within 20 years of strike-off
Parties who can apply:
Company
Creditors
Shareholders
Workmen
🔹 Required Steps:
File petition under Form NCLT-9
Attach affidavit, MGT-7, AOC-4, MOA/AOA, justification for revival, etc.
Pay the fee
If allowed, NCLT orders ROC to restore the company name in the register
🔸 If approved, the company continues as if it was never struck off, and the same name is retained.
✅ Scenario 2: Using the Same Name for a New Company
🔹 What if a different management wants the old name?
As per MCA rules, a struck-off company’s name is not available for reuse immediately.
Generally, the name is reserved for 20 years from the date of strike-off (under old Act, it was 20 years too).
🔸 So, you cannot use the same name through normal application like SPICe+ form or RUN (Reserve Unique Name) unless:
You revive the old company via NCLT and then take control (e.g., buy shares from existing owners).
Or wait until the 20-year cooling-off period is over.
❌ What You Cannot Do:
You cannot "reissue" the exact same name to a new entity through normal ROC procedures unless the old company is revived or the name is officially released after 20 years.
CLSS 2011 is no longer applicable (expired on 15 Jan 2012).
Let me clarify this in detail and step-by-step.
✅ Scenario 1: Revival of the Struck-off Company
(Same company, same name, same entity)
🔹 Legal Provision:
Under the Companies Act, 1956, this was done under Section 560(6)
Now under the Companies Act, 2013, this is governed by Section 252
🔹 How to Revive:
Make an appeal to:
National Company Law Tribunal (NCLT) (not High Court anymore) within 20 years of strike-off
Parties who can apply:
Company
Creditors
Shareholders
Workmen
🔹 Required Steps:
File petition under Form NCLT-9
Attach affidavit, MGT-7, AOC-4, MOA/AOA, justification for revival, etc.
Pay the fee
If allowed, NCLT orders ROC to restore the company name in the register
🔸 If approved, the company continues as if it was never struck off, and the same name is retained.
✅ Scenario 2: Using the Same Name for a New Company
🔹 What if a different management wants the old name?
As per MCA rules, a struck-off company’s name is not available for reuse immediately.
Generally, the name is reserved for 20 years from the date of strike-off (under old Act, it was 20 years too).
🔸 So, you cannot use the same name through normal application like SPICe+ form or RUN (Reserve Unique Name) unless:
You revive the old company via NCLT and then take control (e.g., buy shares from existing owners).
Or wait until the 20-year cooling-off period is over.
❌ What You Cannot Do:
You cannot "reissue" the exact same name to a new entity through normal ROC procedures unless the old company is revived or the name is officially released after 20 years.
CLSS 2011 is no longer applicable (expired on 15 Jan 2012).
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