Compliance Pack
Reviving a struck-off company, NCLT restoration (and INC-22A ACTIVE tagging)
What this means, checked by a CA
If the ROC has struck off your company, only the NCLT can restore it. We check eligibility, prepare and file the restoration petition, and after the order file it with the ROC and clear all pending returns. If your company shows ACTIVE Non-Compliant, we file INC-22A to restore normal status.
Quote
One time, fixed after a quick look
- Delivered in INC-22A: 3 working days. NCLT restoration: usually several months, depends on the bench
- Due: NCLT appeal by an aggrieved person within 3 years of the ROC's strike-off order; application by the company, a member, creditor or workman within 20 years of the Gazette notice
How we do it: IDFD
Every case runs through the same four steps: Information, Discussion, Forms, Deliverables. You see each one ticked as it happens.
InformationWhat we need from you · 7 items
Certificate of incorporation, MoA, AoA
Basic company records for petition
STK-1, STK-5, STK-7 notices
Shows strike-off dates and route
Last three years' accounts
Proof the company was operating
Bank statements, PAN and ITRs
Evidence of business activity
Property documents, if anyOptional
Assets shown in balance sheet
Office photos with director (INC-22A)
Inside and outside, geotagged
Auditor and KMP details (INC-22A)
Reported in INC-22A
DiscussionWhat we discuss · 6 items
Was the company struck off by the ROC or did it apply itself?
Decides grounds and who applies
When was the strike-off order and Gazette notice?
3-year and 20-year limits
Was the company actually doing business when struck off?
Main test NCLT applies
How many years of AOC-4 and MGT-7 are pending?
Drives cost after restoration
Status is ACTIVE Non-Compliant, not struck off?
Then INC-22A alone may fix it
Are all directors' DINs active with KYC done?
Needed for INC-22A and later filings
FormsForms we file · 6 items
Check MCA master data status (Strike off, Under process of strike off, ACTIVE Non-Compliant)
Where: https://www.mca.gov.in. Due: Before advising
If ACTIVE Non-Compliant: file pending AOC-4 and MGT-7, then INC-22A web form with ₹10,000 fee, certified by CA, CS or CMA in practice
₹10,000 fixed fee plus additional fees on pending forms
Where: https://www.mca.gov.in. Due: As soon as possible
If struck off: draft NCLT-9 petition with affidavit and documents; serve copy on ROC
Where: NCLT bench with jurisdiction. Due: Within 3 years of ROC order (Sec 252(1)) or 20 years of Gazette notice (Sec 252(3)); serve ROC 14 days before hearing
Attend hearings; respond to ROC report
Where: NCLT. Due: As listed
File certified NCLT order with ROC in INC-28
Where: https://www.mca.gov.in. Due: Within 30 days of the order
Meet order conditions: pay costs, file all pending returns with additional fees
Where: https://www.mca.gov.in. Due: Within the time the order sets
DeliverablesWhat you get · 3 items
INC-22A SRN and ACTIVE status
When: On approval
NCLT restoration order
When: After final hearing
Status restored to Active on MCA
When: After INC-28 is taken on record
Questions people ask
Can the ROC restore a struck-off company on request?
No. Restoration under Sec 252 is ordered by the NCLT; the ROC then acts on the order.
How long do we have?
3 years from the ROC order for an aggrieved person's appeal, and up to 20 years from the Gazette notice for the company, a member, creditor or workman.
What happens after the order?
File the order with the ROC within 30 days, then file all pending returns with fees.
Our company was formed in 2020. Do we need INC-22A?
No. It applies to companies incorporated on or before 31 December 2017.
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