Revival of struck-off company
This query is : Resolved
07 December 2012
Please can anyone guide me with the following query:-
If a Company has been struck-off by ROC because of non-filing of annual documents, any member, officer or creditor of the company showing that they are aggrieved because of the company's strike off, can apply to the Registrar of Companies for the restoration of the Company within 12 months of the strike off.
Provided that the Registrar is satisfied that all outstanding documents have been filed and all outstanding fees paid, he can restore the company to the register. Where the Registrar restores the company to the register, the company is deemed to have continued in existence as though it had not been struck off.
So, can anyone, guide me with the list of all documents required to be submitted to ROC along with the application letter and also the format or sample of the same.
If a Company has been struck-off by ROC because of non-filing of annual documents, any member, officer or creditor of the company showing that they are aggrieved because of the company's strike off, can apply to the Registrar of Companies for the restoration of the Company within 12 months of the strike off.
Provided that the Registrar is satisfied that all outstanding documents have been filed and all outstanding fees paid, he can restore the company to the register. Where the Registrar restores the company to the register, the company is deemed to have continued in existence as though it had not been struck off.
So, can anyone, guide me with the list of all documents required to be submitted to ROC along with the application letter and also the format or sample of the same.
07 December 2012
1) Time limit is 20 years and not 12 months.
2) The company has to move a petition for restoration before the jurisdictional High Court.
3) If a favourable order is received, then file form 61 with the following attachments:-
a) court's order.
b) application.
c) Notarized affidavit in non judicial stamp paper worth Rs.100/- in support of the application.
4) On approval of form 61, e-file all the pending returns through MCA Portal.
2) The company has to move a petition for restoration before the jurisdictional High Court.
3) If a favourable order is received, then file form 61 with the following attachments:-
a) court's order.
b) application.
c) Notarized affidavit in non judicial stamp paper worth Rs.100/- in support of the application.
4) On approval of form 61, e-file all the pending returns through MCA Portal.
Message likes :
2 times
07 December 2012
Format of application may be downloaded from https://www.caclubindia.com/forum/normalizing-a-dormant-company-178987.asp#.UMHYnuRtj0Q
and modify accordingly.
and modify accordingly.
Message likes :
2 times
07 December 2012
Like wise format of affidavit may be downloaded from https://www.caclubindia.com/experts/activation-of-a-dormant-company-929440.asp#.UMHZJ-Rtj0Q
and modify accordingly.
and modify accordingly.
Message likes :
4 times
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- STCG....................................................
- Supply through E-commerce Operators
- Sales return eway bill
- TAN for Partnership
- Relief u/s Section 89
- AMOUNT RECEIVED UNDER COMPULOSRY ACQUISITION OF AGRICULTURAL LAND
- E way bill for tractors
- GST Registration Horse racing
- Section 43B(h) – MSME Invoice Paid Before Year End but After 45 Days
- Taxation on LTCG for property sold after 24JUL2024
- TDS related Query_Liquidated Damages
- Section 54F - Exemption on LTCG in 2026 for HP purchased in 2023
- Sales amount in Gstr1
- CG after sale of flat
- E Commerce GSTR1 & 3B how to file
- Nomination of Bank for refund in itr 2
- GST Cancellation without jurisdiction
- Legal Opinion on Registrar's Refusal to Investigate a Society for Non-Renewal and Non-Compliance
- GST Refund_RFD-01
- Form10BD was uploaded successfully without any Error but after 24 hours, Form10BE are not available
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
Subscribe to Pro
Join an elite circle of professionals
CAclubindia
