Revival of Company

Revival of Struck-off / Dormant Companies under Companies Act

Revival of Company – Bring Your Entity Back to Life.

If your company has been struck off by ROC or is lying with long-pending filings, we assist with restoration, compliances and regularisation so that the entity can legally operate again.

STK strike-off orders & appeal under section 252
NCLT petition drafting & representation support
Backlog ROC filings & regularisation plan

We explain in simple language whether revival is practical, expected cost & time, and what liabilities may arise after restoration.

Need to revive a struck-off company?

Share the company’s CIN, last filing year and strike-off notice/copy. We will check revival possibilities (ROC/NCLT), tentatively estimate government & professional costs and suggest the next steps.

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Practical Approach to Revival

We combine NCLT / ROC procedure, Companies Act, and tax views so you know the full picture before filing.

Typical Cases Non-filing of annual returns, inactive business, bank accounts running, assets still in company name.
Key Routes ROC application (limited cases) & NCLT appeal u/s 252 by company, member, creditor or workman.

What is “Revival of Company”?

When a company is struck off for non-compliance or inactivity, its name is removed from the register of companies and it is treated as dissolved. However, in many cases the company still has assets, bank accounts, ongoing business, loans, guarantees or tax registrations.

Revival is the legal process through which the company is restored to the register and allowed to function again, subject to completion of pending compliances and payment of applicable fees/penalties.

Key Legal Basis (Indicative)

  • Strike-off usually under section 248 and related rules (STK-1/5/7 etc.).
  • Restoration/appeal mainly under section 252 of the Companies Act.
  • Orders passed by NCLT, which direct ROC to restore and allow filing of pending documents.

Who Usually Seeks Revival?

  • 1Promoters/directors – to restart operations or protect assets.
  • 2Shareholders – to safeguard investment and rights.
  • 3Creditors / workmen – to recover dues from the company.

When Should You Consider Revival of a Struck-off Company?

Revival is advisable only when the benefits of restoring the entity are higher than the cost and effort required to regularise past non-compliances.

Common Practical Reasons

  • Company holds immovable property, plant, vehicles or long-term contracts.
  • Bank loan, guarantee or security still in the name of the company.
  • Registrations like GST, licences, trademarks, contracts linked to company’s name.
  • Business is proposed to be revived with new capital or management.

When Revival May Not Be Ideal

  • No real asset/liability left; revival cost exceeds benefit.
  • Very old non-compliances with heavy expected penalties and no future plan.
  • Better to start a new entity with clean records and structure.

Routes for Revival & Our Process

The exact route for revival depends on the manner of strike-off, time elapsed, and who is applying. Broadly, revival is done through the National Company Law Tribunal (NCLT), with ROC giving its view.

1Case Review
2–4 days

Study STK notices/orders, MCA master data, last filed forms and your objective. We check if the case is fit for revival and estimate backlog compliances.

2Strategy & Documentation
1–2 weeks

Draft petition/appeal, affidavits, board resolutions, list of filings, statement of facts and reasons showing that the company was active or ought to be restored.

3NCLT Proceedings
As per bench

Filing with NCLT, issue of notices, ROC report, and hearing. Conditions like filing of pending returns, payment of costs/fees and timeline for compliance are usually part of the order.

4Post-Order Compliances
4–12 weeks

Filing order with ROC, completion of backlog forms (AOC-4, MGT-7/7A, ADT-1 etc.), updating registers and aligning tax/GST/other registrations with the revived company.

Key Documents & Practical Issues

Documents Usually Required

  • CIN, COI, MOA/AOA, master data printouts.
  • Strike-off notices/orders (STK-1/5/7) or name struck-off screen from MCA.
  • Last filed financial statements & annual returns.
  • Proof of business/operations or assets during relevant period.
  • Board/shareholder resolutions, authorisations and affidavits.

Risks & Points to Consider

  • Revival does not erase past non-compliances or penalties.
  • NCLT may impose costs, late fees and conditions to be fulfilled within fixed time.
  • Bankers, tax and GST departments may independently review old transactions after restoration.
  • Delay in approaching NCLT can make revival more difficult, especially if records are missing.

Why Work With Us for Company Revival?

Our Role

  • Initial feasibility note with options: revive vs. start new entity.
  • Drafting of petitions/affidavits, resolutions and lists of filings.
  • Coordination with advocates for NCLT appearance, if required.
  • End-to-end ROC compliance once the revival order is passed.

What You Get

  • Clear view of total cost (government + professional) before starting.
  • Realistic timelines based on bench and backlog.
  • Guidance on future compliance discipline to avoid repeat issues.

Common Questions on Revival

Is revival possible after many years of strike-off?

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Revival is generally subject to limitation periods and the discretion of NCLT, but in practice older cases have been revived where genuine reasons, assets or creditor interests exist. We first review dates and documents to see if a credible case can be built.

Will directors face personal penalties after revival?

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Revival brings the company back, but directors may still be liable for late filings and non-compliance. The extent of penalty or compounding requirement depends on the specific defaults. We flag these aspects before filing the petition so you are aware of potential exposure.

Can we operate business while revival is in process?

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Technically, once struck off, the company should not carry on business except to the extent necessary for realisation of assets and discharge of liabilities. In urgent commercial cases we evaluate alternate options (such as new entity for fresh contracts) while revival is pending.

Is revival cheaper than incorporating a new company?

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It depends on backlog years, expected penalties and the value of assets/licences in the existing company. For some clients, revival is the only sensible option; for others, a fresh company is more economical. We help you compare both scenarios before you decide.

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