The businesses that have not been able to survive within one year since they were incorporated.
The businesses that do not operate or operate for two financial years.
In the event the memorandum subscribers did not pay the subscription money and a statement was not filed within 180 days.
As seen by physical inspection of the company's registered office, it does not do any service.
As long as the company is unable to start its activity within a year after its incorporation or not engaged in any activation or operations for a span of two financial years or no annual reimbursements, the registrar may declare the name of the company to be Strike Off. Strike Off means to delete the company name from the Company Registry held by the Company Registrar. It's almost about the business's dissolution, because after being deleted, the company won't exist and won't operating anymore. However there is a distinction between Striking Off and Winding Off Business, while Striking Off implies temporary termination, helping a company to recover itself in the future, winding off implies a permanent closure."
Following are the persons who can make an appeal in NCLT to restore the company:
My Company has to
prepare the application and need to filing an appeal before National Company
Law Tribunal (“NCLT”).
Step 1 :- The petition under Section 252(3) shall be
filed with the NCLT in Form No. NCLT-9.
Other Documents
required to be attached with NCLT-9:
Step 2: The petition has to
be filed in 3 copies with the NCLT.
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.
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 suchreceipt, 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 occasioned by, the appeal
or application, unless the Tribunal directs otherwise; and
d) the company shall
file pending financial statements and annual returns with the Registrar and
comply with the requirements of the Companies Act, 2013.
Limitation Period: An appeal can be filed within 3 years of the
Registrar's Order by the aggrieved company.
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