What happens if a company doesn't file with the ROC?

Short answerIf a company stops filing, ₹100/day penalties accrue per form, directors can be disqualified after three years of default, and the ROC can strike the company off the register. Reviving a struck-off company needs an NCLT order.

What happens

Mounting penalties, frozen ability to file, and eventual strike-off.

Strike-off and revival

Once struck off, revival requires an NCLT application — far costlier than filing on time.

The revival route if it has gone too far

If default has already led to strike-off, the company isn’t simply gone — but getting it back is involved. Revival needs an application to the National Company Law Tribunal (NCLT), usually within three years of the strike-off, showing the company was carrying on business or that restoration is otherwise just. The Tribunal, if satisfied, orders restoration subject to filing all the overdue returns and paying the accumulated penalties and costs. During the struck-off period the company can’t operate its bank accounts, sign contracts or be a party to transactions, and its directors carry the disqualification fallout. Because the cost and delay of an NCLT revival far exceed years of routine filing fees, the sensible course whenever a company falls behind is to bring the filings up to date quickly, or — if it genuinely won’t trade — close it cleanly through the voluntary strike-off route rather than letting it be struck off involuntarily with penalties attached. Acting in the first year or two of default is far easier than after a strike-off.

Talk to CA Vijay R Singh

Need to bring a defaulting company up to date? You can message him directly, or book a short call to talk through your situation.

This answer is general information for businesses, not professional advice. Tax rates, thresholds and forms change with each Finance Act — please confirm the current position for your own facts, or speak to us, before acting.

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