Reviving a struck-off company, NCLT restoration (and INC-22A ACTIVE tagging)

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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
  1. Certificate of incorporation, MoA, AoA

    Basic company records for petition

  2. STK-1, STK-5, STK-7 notices

    Shows strike-off dates and route

  3. Last three years' accounts

    Proof the company was operating

  4. Bank statements, PAN and ITRs

    Evidence of business activity

  5. Property documents, if anyOptional

    Assets shown in balance sheet

  6. Office photos with director (INC-22A)

    Inside and outside, geotagged

  7. Auditor and KMP details (INC-22A)

    Reported in INC-22A

DiscussionWhat we discuss · 6 items
  1. Was the company struck off by the ROC or did it apply itself?

    Decides grounds and who applies

  2. When was the strike-off order and Gazette notice?

    3-year and 20-year limits

  3. Was the company actually doing business when struck off?

    Main test NCLT applies

  4. How many years of AOC-4 and MGT-7 are pending?

    Drives cost after restoration

  5. Status is ACTIVE Non-Compliant, not struck off?

    Then INC-22A alone may fix it

  6. Are all directors' DINs active with KYC done?

    Needed for INC-22A and later filings

FormsForms we file · 6 items
  1. Check MCA master data status (Strike off, Under process of strike off, ACTIVE Non-Compliant)

    Where: https://www.mca.gov.in. Due: Before advising

  2. 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

  3. 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

  4. Attend hearings; respond to ROC report

    Where: NCLT. Due: As listed

  5. File certified NCLT order with ROC in INC-28

    Where: https://www.mca.gov.in. Due: Within 30 days of the order

  6. 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
  1. INC-22A SRN and ACTIVE status

    When: On approval

  2. NCLT restoration order

    When: After final hearing

  3. 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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