Documents Needed for filing Petition with NCLT for revival of a defunct company: 1.Form No. NCLT 6 shall be notarised on a stamp paper of Rs 100 rupees;
2. Memorandum of Appearance in Form No. NCLT 12 representing the respective parties to the proceedings, it shall be notarised on a stamp paper of 100/- rupees;
3. Certified true copy of Extract of resolution in favour of the Authorised Signatory/Authorised Representative;
4. Power of Attorney is must as suggested by the registry for us, it should be notarised on a stamp paper of 50/- rupees;
5. Master data of the company procured form MCA portal;
6. Audited financials of the company filing the application/petition for defaulted period;
7. Notices of RoC issued to concerned company;
8. Demand draft of statutory fees;
9. Any other documents like ITR, VAT, GST return, bank statement or other documents which can prove that company was operational.
10.As per the latest filing done by us now 3 (Three) sets of appeal/petition under Section 252 are to be filed before the NCLT and not 2 (Two), please keep this in mind. Apart from that 1 (One) set is to be filed with the RoC that means 5 (Five) sets are to be made 3 for NCLT, 1 for RoC and 1 for your record. The same is also provided under Rule 23 of the NCLT Rules, 2016;
11.All documents accompanied with the appeal or petition shall be certified. True copy stamped on all Annexures;
12.At the foot of every petition or appeal or pleading there shall appear the name and signature of the authorised representative;
Points to be remembered while making Petition to NCLT
1.Form No. NCLT 6 and it shall be notarised on a stamp paper of 10 rupees
2.Vakalatnama or Memorandum of Appearance in Form No. NCLT 12 representing the respective parties to the proceedings, it shall be notarised on a stamp paper of 20/- rupees;
3.Power of Attorney is must as suggested by the registry for us, it should be notarised on a stamp paper of 50/- rupees;
Petition shall be lithographed or printed in double spacing on one side of standard petition paper;
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• The inner margin shall be about 4 cm, width on top and with a right margin of 2.5. cm, and left margin of 5 cm, duly paginated, indexed and stitched together in paper book form;
• All documents accompanied with the appeal or petition shall be certified. True copy stamped on all Annexures;
• At the foot of every petition or appeal or pleading there shall appear the name and signature of the authorised representative;
• Demand Draft for Rs 2500/= in favour of “ The Pay & Accounts Officer,Ministry of Corporate Affairs, Chennai” payable at Chennai.
A company dissolved under Section 248 of the Companies Act, 2013 can be restored in the Register of Companies (ROC) by an order of the National Company Law Tribunal (NCLT).
Who can file an Application?
The Company, Member or Creditor or even a Workman can make an application to revive the Company.
Such an application must be made before the expiry of 20 years from the publication in the Official Gazette of the notice of the striking-off.
Process of Filing of Application under NCLT
As per Section 252 (3) read with rule 87A of National Company Law Tribunal (Amendment) Rules, 2017 an application has to be filed for restoration of Company whose name was struck off from the record of the Registrar of Companies (ROC).
APPLICATION: The petition under Section 252(3) shall be filed with the NCLT in Form No. NCLT-9.
DOCUMENTS TO BE FILED:
Documents required to be attached with NCLT-9:
Affidavit verifying application; Form No. NCLT 6.
Payment receipt of Rs. 2,500.
Memorandum of Appearance with copy of Board resolution or Vakalatnama.
Any other documents in support of the case.
The petition has to be filed in 3 copies in NCLT.
SERVING THE COPY OF PETITION TO ROC: A copy of the same shall be served on the Registrar of Companies via RPAD and on such other persons as the Tribunal may direct, not less than 14 days before the date fixed for hearing of the application.
HEARING: The Tribunal shall hear the Petitioner and Respondent i.e. ROC and take note of the observations/objections, if any, received.
After hearing, the Tribunal may pass appropriate order i.e. either restore the name of the company or dismiss the application, as it deems fit.
The Tribunal will restore the company if it is satisfied with a valid reason for non-compliance of the requirements by the said company failing which it will not restore a company at any given point of time.
ORDER: Where the Tribunal makes an order restoring the name of a company in the register of companies, the order shall direct that-
a) the appellant shall deliver a certified copy of the said order to the ROC within 30 days from the date of the order;
b) on such delivery, the ROC would, in his official name and seal, publish the order in the Official Gazette;
c) the appellant would pay to the Registrar of Companies his costs of, and occasi
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