Revival of Strikeoff Companies and Removal of Disqualification of Directors

DISQUALIFIED DIRECTORS OR STRIKE OFF COMPANIES

LEGAL POSITION

1. Disqualified Directors cease to be Director in any of the companies during the period of disqualification which is primarily of 5 years.
2. Disqualified Directors cannot file any document or application with MCA
3. Strike-off Companies cease to exist and do any business
4. Certificate of Incorporation issued to the Strike-off companies shall be deemed to have been cancelled from the date of strike off of name from MCA register except for the purpose of realizing the amount due to the company and for the payment or discharge of the liabilities or obligations of the company
5. The Director(s) or Authorized Signatories had been restricted from Operating the Bank accounts of strike-off companies and they can’t syphon off money from the accounts of such companies, there is a provision of punishment of imprisonment of not less than six months but extendable for 10 years.
6. The Director(s) or Authorized Signatories of Strike-off companies cannot dispose off or have any rights on the Bank balances, properties in the name of such companies.
7. The Director(s) or Authorized Signatories or Officer in Charge of such Strike-off companies will be liable to pay any penalty, Income Tax Liability, or liability of any kind under any applicable act.

REMEDIES FOR STRIKE OFF COMPANIES

1. The Director(s) or Principal Officer should apply for Revival of such Strike Off companies and
2. The Director(s) or Principal Officer should get all the compliances done after revival of the name of Company in the Register of MCA

as their silence may be harmful and be recorded in the files of Registrars of Companies and of Serious Fraud Investigation Office.

REMEDIES FOR DISQUALIFIED DIRECTORS

1. To file the DIR 3 KYC with the ROC
2. To obtain the stay for disqualification.

The application needs to be filed in High Court for obtaining stay for Disqualification of Directors and National Company Law Tribunal (NCLT) for Restoration of Companies name in the Register of MCA through the Professionals only.

Team urbanCFO is having the team of Chartered Accountants (CA), Company Secretaries (CS) and Advocates serving various Companies for Restoration of Companies Name and Disqualified Directors in obtaining the stay at very economical quote.

For Details, Contact

Call: 9990148248                             Mail: info@urbancfo.com                            Web: www.urbancfo.com

List of Documents: –

For Revival of Companies under section 252 of Companies Act, 2013

1. COI and MOA / AOA of the company.
2. Audited Balance Sheets of the Company since Incorporation.
3. Internet Bills of the Company.
4. Landline bills of the Company.
5. Any proposals / quotations of the company presently.
6. Bank Account Statement of the Company.
7. Income Tax returns of the company.
8. A copy of invoice from vendors / rent receipts from property etc.
9. Immovable asset in the company.
10. TDS Certificate.
11. Service Tax returns.
12. Section 248 Notice from ROC. along with reply if any.
13. A copy of notification in Official Gazette of India that company is struck off.
14. Any other document showing the business operation of the company.

For Writ to obtain Stay in case of Disqualification of Director

1. COI of Company
2. MOA and AOA of Company
3. Grounds for non-filing
4. A copy of List when director has been disqualified.
5. A copy of master data of the company showing company is strike off.
6. A copy of Show Cause Notice from ROC.
7. Reply to the Show Cause Notice (If any)
8. A List where the director of strike off company is also director in other companies which are active in nature.
9. A copy of list where the company is strike off by ROC.
10. Any other relevant document

Author: CS K Joshi, Team urbanCFO