How to Register a Deregistered Company

How to Register a Deregistered Company

In context with the deregistration of a company, the term "deregister" means that a company has lost its legal entity or legal personality. 

This type of company is no longer allowed to be a part of legal proceedings or to operate a business under the eye of the government. 

Deregistration usually ends the power of the directors and the stakeholders to make any decision. 

A company which is deregistered is no longer allowed to carry on trade in any form. 

The legal proceedings associated with this kind of company are not taken into account forward, and all the legal proceedings scheduled for the future are ceased. 

Sometimes, the owner of the company voluntarily deregisters the company because for the following reasons:

  1. When a company has no assets and no liabilities.
  2. When a company has no outstanding charges in its records of charge.
  3. When the corporate bank account of the company is closed.
  4. When the company has ceased operation.
  5. When the company is not involved in any court proceedings.
  • For a company to be deregistered voluntarily, the most important condition is that all the members and honourable directors agree to the deregistration process, and the company should no longer be involved in any trading.

The process of deregistration of a company is usually the most cost-efficient method to wind an entity. 

By this, you become exempt from paying the annual maintenance fees for the company.

Process of deregistration: -

  • The corporate bank account for the company is first closed.
  •  An application for deregistration is filed with the required documents and formalities to the legal authority.
  • If the application for deregistration of the company is approved, then a strike-off notice is sent to the company's workplace.
  • If no objection is made, then the company is deregistered in the eyes of the government and a notification is prepared for the same

Re–Instate a Deregistered Company: -

When you reinstate a deregistered company, the company is handed back to the sole owners to continue with their business, trading, legal proceedings, and all types of functionality included. 

The owner can himself file for the re-instate of a deregistered company. And the company is handed back to him or her in the same state as it was when the company was deregistered. 

But to reinstate a deregistered company, there are also eligible criteria well. 

The one who is eligible to file for the process of reinstatement of a company should qualify for the conditions mentioned below: -

  1. He or She should have been a director or a managing team member when the company was deregistered in any circumstances.
  2. He or She should qualify for the criteria of the managing corporation.
  3. He or She should have a plan or a kind of strategy to prove that the company would be able to pay off all its debts once it is reinstated.
  4. Also, if the deregistration of your company was not voluntary or if the government deregistered your company and you want to reinstate it, then you should have proof that the deregistration of your company was a result of some error by the government.

After qualifying for all the conditions mentioned above, an individual becomes eligible to file for the process of re-instatement of a deregistered company.

How to apply For Re-instatement of a deregistered company?

The companies act of 2013 has described the procedure for the reinstatement of a deregistered company. 

Section 252 of the companies act allows the National Company Law Tribunal ( NCLT ) to reinstate the procedure for a deregistered company in the following cases: -

For a company which the Registrar of Companies ROC deregisters

  1. Anybody who thinks that the deregistration of his or her company was an unfair decision of the registrar, then he or she can file his appeal for the process of reinstatement within 3 years of the deregistration of the company.
  2. If satisfied with the appeal, the registrar may apply to the tribunal for the process of deregistration. 

But all this process should be carried out within 3 years of the deregistration of the company.

Also Read,

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Procedure to re-instate a deregistered company: -

  1. Preparation of petition under section 252 proposed by NCLT to file for reinstatement.
  2. A copy of this petition, along with all the required documents, is then sent to ROC, and then a hearing is initiated within the next 14 days of successful submission.
  3. Then the tribunal hears the objections and observations of both the petitioner and the registrar, and observations are made taking into account the data provided by both sides. NCLT does all this work.
  4. After this, the company has to file a copy of the order with the registrar of companies within 30 days of the receipt of the order. 
  5. The NCLT takes the final decision on whether the company is to be reinstated or not.

If you could prove all the points, meet the eligibility criteria, and justify yourself in a court of law, then the company would be handed over to you in the same state as when it was deregistered.

Now, you can once again proceed with all the legal proceedings as well as trade-related activities associated with your business or company.

FAQ Related to How to Register a Deregistered Company

1. What is the deregistration of a company? 

The term deregister means that a company has lost its legal entity or legal personality. This type of company is no longer allowed to be a part of legal proceedings or to operate a business under the eye of the government. Deregistration usually ends the power of the directors and the stakeholders to make any decision. A company which is deregistered is no longer allowed to carry on trade in any form. The legal proceedings associated with this kind of company are not taken into account forward, and all the legal proceedings scheduled for the future are ceased.

2. Where can you file for the re-instatement of your company when the Registrar of companies ( ROR ) initiates the deregistration?

When the deregistration is initiated by the Registrar of companies ( ROR ), then the petition for the reinstatement of your company is filed with the National Company Law Tribunal (NCLT ). 

3. What are the possible reasons for the voluntary deregistration of a company?

The possible reasons for the voluntary deregistration of a company are: When a company has no assets and no liabilities; When a company has no outstanding charges in its records of charge; When the corporate bank account of the company is closed When the company has a ceased operation When the company is not involved in any court proceedings.

4. ASIC takes how much time to deregister a company when form 6010 is filled, and the fees for deregistration are paid?

It can take up to 2 weeks for the process of deregistration and publishing of the notification. After the receipt of notification, it can take up to 2 months for a company to be deregistered.

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