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.
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.
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.
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.