Get Your Company or LLP Back on Track

Introduction to Revival of Company or LLP

The revival of a company or Limited Liability Partnership (LLP) is a legal process that allows a dormant or struck-off entity to resume its operations. This process is typically required when a company or LLP has been inactive or has been struck off from the register due to non-compliance with statutory requirements such as failure to file annual returns or financial statements. Under the Companies Act, 2013, and the Limited Liability Partnership Act, 2008, a company or LLP can apply for revival by submitting a petition to the Registrar of Companies (RoC) or the Ministry of Corporate Affairs (MCA).

Reviving a company or LLP involves meeting certain conditions, including the clearance of all pending fees, penalties, and the filing of overdue documents. A revival application must be supported by appropriate resolutions, proof of compliance, and a detailed explanation for the non-compliance.

At Tax India Helpline, we offer professional assistance in the revival process, ensuring all necessary filings and legal formalities are completed, helping you restore your company or LLP to active status in full compliance with the law. Our expertise streamlines the revival process, reducing potential delays and legal complexities.

Benefits of Revival of Company or LLP

Restores Legal Identity

Revival reinstates the company or LLP’s legal status, allowing it to operate, enter contracts, and enjoy corporate rights again.

Protects Assets

Restores control over company assets, trademarks, licenses, and intellectual property, preventing loss or misuse during closure.

Reactivates Accounts

Enables the reopening of frozen bank accounts and access to regulatory portals like GST, MCA, and Income Tax.

Business Continuity

Revival ensures continuity of business operations, helping retain clients, vendors, and goodwill in the market.

Reinstates Contracts

Legally revives all previous business contracts, leases, and obligations which were paused due to closure.

Avoids Legal Penalties

Revival helps avoid further penalties, prosecution, and disqualification of directors due to non-compliance or inactivity.

Documents Required for GST Registration

PAN Card of the Applicant

Aadhaar Card

Proof of Constitution of Business (Partnership Deed, Certificate of Incorporation, etc.)

Address Proof of Principal Place of Business (Electricity Bill, Rent Agreement, etc.)

Bank Account Details (Cancelled Cheque or Bank Statement)

Digital Signature (for companies and LLPs)

Step-by-Step Guide for Revival of Company or LLP

Assess the Reason for Strike-Off

We analyze whether the company or LLP was struck off due to non-compliance, failure to file annual returns, or voluntary closure and determine the best approach for revival.

File an Application for Revival (NCLT or ROC)

Depending on the case, we assist in filing an application with the National Company Law Tribunal (NCLT) under Section 252 of the Companies Act or directly with the Registrar of Companies (ROC) for LLPs.

Prepare and Submit Necessary Documents

Our experts ensure the submission of essential documents such as financial statements, board resolutions, affidavits, indemnity bonds, and overdue ROC filings.

Representation Before NCLT or ROC

If required, our legal professionals represent the company/LLP before NCLT or ROC, ensuring a smooth revival process.

Obtain Revival Order & Compliance Completion

Upon approval, we help companies/LLPs comply with pending ROC filings, tax returns, and regulatory requirements to restore active status.

Update Records & Resume Business Operations

We guide businesses in updating statutory registers, reactivating bank accounts, and resuming commercial operations without legal hurdles.

Deadlines and Penalties

Timely filing of Income Tax Return (ITR) is crucial to avoid penalties and interest charges. Here’s what you need to know:

Application Deadline

The application for revival must be submitted within a prescribed time frame, usually 20 years from the date of default or closure.

Penalty for Delayed Revival

If the company or LLP fails to apply within the given deadline, it may face additional fees and legal penalties for non-compliance.

Failure to File Annual Returns

If the company or LLP has failed to file annual returns or financial statements, it will have to clear the penalties and dues before the revival process.

Consequences of Non-Revival

Failure to file the revival application on time can lead to permanent deactivation of the business, penalties, and disqualification of directors.

Frequently Asked Questions

What is the process for reviving a Company or LLP?

A dormant or struck-off company/LLP can be revived by filing an application with the National Company Law Tribunal (NCLT) or the Registrar of Companies (ROC) under Section 252 of the Companies Act, 2013. The process involves submitting necessary documents and compliance filings.

When can a Company or LLP apply for revival?

A company/LLP can apply for revival within 20 years from the date of its name being struck off by the ROC. It is crucial to initiate the revival process promptly to avoid legal complications and penalties.

What documents are required for company/LLP revival?

Essential documents include the order for striking off, financial statements, pending compliance documents, affidavits, and a petition filed before the NCLT or ROC, depending on the case.

Can directors or partners apply for revival?

Yes, directors, partners, or affected stakeholders such as creditors and shareholders can apply for the revival of the company or LLP by submitting a petition to the appropriate authority.

What are the penalties for not reviving a struck-off company/LLP?

If a company/LLP is not revived within the permitted time, it ceases to exist legally, and its assets may be taken over by the government. Additionally, directors and partners may face disqualification for future directorships.

Can a Company or LLP continue operations after revival?

Yes, once the revival is approved by the NCLT or ROC, the company/LLP regains its legal status and can resume operations, provided all pending statutory compliances and filings are completed.

How long does it take to revive a company or LLP?

The revival process typically takes 30-45 days, depending on the complexity of the case and how quickly the necessary compliance and dues are resolved.

Can a company be revived if it is struck off for not filing annual returns?

Yes, a company that has been struck off for non-filing of annual returns can be revived by filing the necessary forms, clearing any outstanding dues, and paying penalties.

What happens if a company or LLP is not revived?

If a company or LLP is not revived within the allowed time frame, it may be permanently dissolved, and the business may lose its legal status.

Can the revival process be done without the original promoters or directors?

Yes, the revival process can be done with new directors or members, as long as the appropriate paperwork and approvals are filed with the Registrar.

Can the company or LLP’s name be changed during the revival process?

Yes, it is possible to request a change of name during the revival process. A special resolution needs to be passed, and the name change must be approved by the ROC.

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