Tag Archives: National Company Law Tribunal

CLASS ACTION SUITS


Recent Amendment in the National Company Law Tribunal (Second Amendment) Rules 2019 tries to complete the structure of law governing class action suits. We have much earlier here discussed class action suits under the Companies Act, 2013 and rules made thereunder. Here, we will have an updated post discussion the law as up to date 8 May 2019.

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Understanding Form DIR – 10


Many years ago one Hindu priest told me, those worshipping Laxmi ji (goddess of wealth) before without satisfying Ganesh Ji (god of goodness) may not get good wealth. We need to follow established a procedure to get the desired result. Without understanding utility of Form DIR – 10, its use may not give the desired result. Here, we will have a discussion.

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Remedies for disqualified directors of strike – off companies


Compliance way or Confine way! The Government made it clear. Directors who were on a long-term picnic after removal of names of their “shell companies” are now offered sleepless nights. I appreciate.

Ministry of Corporate Affairs issued two important lists in this regard –

  1. List Of Directors Associated With Struck Off Companies U/S 248
  2. List Of Disqualified Directors U/S 164 (2)(A)

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Amendment in Corporate Insolvency Regulations


Recent case of Jaypee Infratech, question arises where should home-buyers be classified? Are home-buyers financial creditors or operational creditors? In case, home-buyers they classify themselves as operational creditors, will they forego their claim on interest or assured return on their advances? In case, home-buyers they classify themselves as financial creditors, will they forego their claim over homes? This was a game of dice, will company be able to resolve insolvency or face liquidation?

These amendments try to solve these issues.

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Appeal or Application for Restoration of Names of Company


The National Company Law Tribunal (Amendment) Rules, 2017 notified on 6th July 2017 which came into force in same date inserted Rule 87A the National Company Law Tribunal Rules, 2016. In this post, we will discuss newly inserted rules with brief background.

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REDUCTION OF SHARE CAPITAL


Section 66 of the Companies Act, 2013, discussed earlier here, was notified on 7th December 2016 with effect from 15th December 2016. Central Government on 15th December 2016 notified the National Company Law Tribunal (Procedure for reduction of share capital of Company) Rules, 2016 with effect from even date. In this post we will discuss the same. Continue reading

Transfer of Proceedings


Ministry of Corporate Affairs notified the Companies (Transfer of Pending Proceedings) Rules, 2016 on 7th December 2016. These Rules shall come into effect on 15th December 2016. In this post, we will discuss these rules.

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Removal of judicial difficulty


This is 13th Removal of difficulty for the Companies Act, 2013. Central Government on 7th December 2016 notified the Companies (Removal of Difficulty) fourth Order, 2016 which shall come into effect from 15th December 2016.

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Appearance of authorised representative – NCLAT


In this post we will discuss Appearance of authorised representative before of National Company Law Appellate Tribunal given in Part – X of the National Company Law Appellate Tribunal Rules, 2016 which consist of rules 63 to 66.

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Inspection of Record – NCLAT


In this post we will discuss inspection of record of National Company Law Appellate Tribunal given in Part – IX of the National Company law Appellate Tribunal Rules, 2016 which consist of rules 57 to 62.

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SERVICE OF PROCESS – NCLAT


In this post we will discuss service of process and appearance of respondent and objections. These provisions are given in Part – VII of National Company law Appellate Tribunal Rules, 2016 which consist of rules 48 to 54.

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Record of proceedings


In this post, we shall discuss record of proceeding by National Company Law Appellate Tribunal under Part – V of the National Company Law Appellate Tribunal Rules, 2016.

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Form INC – 32 and its linked forms


Ministry of Corporate Affairs notified by notification G.S.R. 936(E) on 1st October 2016 the Companies (Incorporation) Fourth Amendment Rules, 2016 amending the Companies (Incorporation) Rules, 2014 with effect from date of publication in official gazette means 1st October 2016. These Rules introduced Form INC – 32 with two linked forms for incorporation of company. We discussed law related thereto in last post here and will discuss these forms in this post.

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Amendment in Incorporation Rules


Ministry of Corporate Affairs notified by notification G.S.R. 936(E) on 1st October 2016 the Companies (Incorporation) Fourth Amendment Rules, 2016 amending the Companies (Incorporation) Rules, 2014 with effect from date of publication in official gazette means 1st October 2016. New rule 39 is being inserted with effect from 1st November 2016.

In present blog post, we will discuss amendment which are effective form 1st October 2016.

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Cause List – NCLAT


In this post we shall discuss cause list of National Company Law Appellate Tribunal. Part – V of National Company Law Appellate Tribunal Rules, 2016 comprising rules 33 and 34 discusses about cause list.

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Presentation of Appeal – NCLAT


In this post, we will discuss matter presentation of appeal before and National Company Law Appellate Tribunal. This post is written with a view that reader may check documents just before reaching at filing counter of the Tribunal.

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Presentation of petition – NCLT


In this post, we will discuss matter presentation of petition or appeal before National Company Law Tribunal. This post is written with a view that reader may check documents just before reaching at filing counter of the Tribunal.

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Institution of proceedings before NCLT


In this post, we discuss institution of proceedings before National Company Law Tribunal and National Company Law Appellate Tribunal.

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Power and functions of Registrar etc – NCLT/NCLAT


In this post we will discuss power and functions of President, Registrar and Secretary of National Company Law Tribunal and power of Registrar of National Company Law Appellate Tribunal.

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Basic Information about NCLT


National Company Law Tribunal is new forum of quasi – judicial nature. This is functional since June 1, 2016. There is lot of talk about National Company Law Tribunal since last two decades. In this blog post, we will discuss basic information which one need to know.

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