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Sanskar Garg
  • Jul 9
  • 2 min

Sec 413 of the Companies Act, 2013: Term of Office of President, Chairperson and other Members of NC

#NCLT #NationalCompanyLawTribunal #CompanyLaw #CompaniesAct #Tribunal #CompanyTribunal #Newdelhi #bankruptcy NCLT was established in accordance with Section 408 of the 2013 Companies Act. A quasi-judicial body called NCLT was established to handle civil-natured corporate disputes brought about by the Companies Act. In order to hear appeals against the decisions of the National Company Law Tribunal(s), the National Company Law Appellate Tribunal (NCLAT) was established under S

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Sanskar Garg
  • Jul 9
  • 1 min

Sec 412 of the Companies Act, 2013: Selection of members of Tribunal and Appellate Tribunal

#NCLT #NationalCompanyLawTribunal #CompanyLaw #CompaniesAct #Tribunal #CompanyTribunal #Newdelhi #bankruptcy NCLT was constituted under section 408 of the COmpanies Act, 2013. NCLT is a quasi-judicial authority incorporated for dealing with corporate disputes that are of civil nature arising under the Companies Act. National Company Law Appellate Tribunal (NCLAT) was constituted under Section 410 of the Companies Act, 2013 for hearing appeals against the orders of National Co

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Sanskar Garg
  • Jul 9
  • 1 min

Sec 410 of the Companies Act, 2013: Constitution of National Company Law Appellate Tribunal

#NCLT #NationalCompanyLawTribunal #CompanyLaw #CompaniesAct #Tribunal #CompanyTribunal #Newdelhi #bankruptcy In accordance with Section 410 of the Companies Act of 2013, the National Company Law Appellate Tribunal was established on June 1st, 2016. In India, the NCLAT is a quasi-judicial body that decides disputes involving Indian corporations. The cases decided by NCLAT fall under its appellate jurisdiction. Composition of NCLAT: NCLAT consists of a Chairperson and Judicial

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Sanskar Garg
  • Jul 7
  • 2 min

Sec. 409 of the Companies Act, 2013: Qualification of NCLT’s President and its members

#NCLT #NationalCompanyLawTribunal #CompanyLaw #CompaniesAct #Tribunal #CompanyTribunal #Newdelhi #bankruptcy #DRT #ConstitutionNCLT #QualificationNCLT The NCLT is a quasi-judicial authority incorporated for the purpose of dealing with corporate disputes that are of a civil nature arising under the Companies Act. It was established with the aim of regulating and resolving disputes between civil corporations. Section 409 of the Companies Act, 2013 defines the qualifications of

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Sanskar Garg
  • Jul 7
  • 2 min

Sec 408: National Company Law Tribunal and its composition

#NCLT #NationalCompanyLawTribunal #CompanyLaw #CompaniesAct #Tribunal #CompanyTribunal #Newdelhi #bankruptcy #DRT According to Section 408 of the Companies Act of 2013, the Central Government shall establish the National Company Law Tribunal by notification published in the Official Gazette (NCLT). The Companies Act, 2013, or any other currently in effect law, will be used by the National Company Law Tribunal to exercise and carry out the duties and powers that have been or m

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alkapranjal
  • Jun 25
  • 5 min

SECTION 241 APPLICATION TO TRIBUNAL FOR RELIEF IN CASES OF OPPRESSION, ETC.

#COMPANYLAW #COMPANYACT2013 #NCLT #NATIONALCOMPANYLAWTRIBUNAL #NCLAT #NATIONALCOMPANYLAWAPPELLATETRIBUNAL #SECTION241 #APPLICATION #OPPRESSION #RULE81 #RULE82 #RULE88 01. Any employee who raises a grievance against (Refer to the 2016 National Company Law Tribunal Rules, Rules 81 and 82.) The company's affairs have been or are being conducted in a way that is harmful to the public interest, harmful to him or any other member (meaning the person who signed the company's memoran

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alkapranjal
  • Jun 25
  • 1 min

SECTION 240 LIABILITY OF OFFICERS IN RESPECT OF OFFENCES COMMITTED PRIOR TO MERGER, AMALGAMATION, ET

#COMPANYLAW #COMPANYACT2013 #NCLT #NATIONALCOMPANYLAWTRIBUNAL #NCLAT #NATIONALCOMPANYLAWAPPELLATETRIBUNAL #SECTION240 #LIABILITY #MERGER #AMALGAMATION Any officer (including any director, manager, or key managerial staff, as well as any individual who the Board of Directors or one or more of the directors are or are used to acting by when making decisions)[1] of the transferor corporation who violated the terms of this Act prior to the merger, amalgamation, or acquisition sha

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alkapranjal
  • Jun 25
  • 1 min

SECTION 239 PRESERVATION OF BOOKS AND PAPERS OF AMALGAMATED COMPANIES

#COMPANYLAW #COMPANYACT2013 #NCLT #NATIONALCOMPANYLAWTRIBUNAL #NCLAT #NATIONALCOMPANYLAWAPPELLATETRIBUNAL #SECTION239 #PRESERVATION #AMALGAMATEDCOMPANIES The books and papers (include all physical or digitally stored books of account, deeds, vouchers, writings, documents, minutes, and registers) of a company (denotes a business that was founded by this Act or previous company legislation) which has been amalgamated with, or whose shares (signifies a share in a company's share

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alkapranjal
  • Jun 25
  • 3 min

SECTION 238 REGISTRATION OF OFFER OF SCHEMES INVOLVING THE TRANSFER OF SHARES

#COMPANYLAW #COMPANYACT2013 #NCLT #NATIONALCOMPANYLAWTRIBUNAL #NCLAT #NATIONALCOMPANYLAWAPPELLATETRIBUNAL #SECTION238 #REGISTRATION #TRANSFEROFSHARES #SCHEMES 01. For any offer of a plan or agreement involving the transfer of shares (signifies a share in a company's share capital, which also includes stock)[1] or any class of shares from the transferor business to the transferee company under section 235, Every circular conveying such an offer and the recommendation by the tr

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alkapranjal
  • Jun 25
  • 9 min

SECTION 232 MERGER AND AMALGAMATION OF COMPANIES

#COMPANYLAW #COMPANYACT2013 #NCLT #NATIONALCOMPANYLAWTRIBUNAL #NCLAT #NATIONALCOMPANYLAWAPPELLATETRIBUNAL #SECTION232 #MERGER #AMALGAMGATION 01. Where an application (Refer to Companies (Compromises, Arrangements, and Amalgamations) Rules, 2016, rules 18 and 19) is made to the Tribunal (National Company Law NCLT- NCLT[1] is a quasi-judicial[2] body which is authorised for dealing with the corporate disputes which are civil and arising under the Companies Act) under section 23

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alkapranjal
  • Jun 25
  • 1 min

SECTION 229 PENALTY FOR FURNISHING FALSE STATEMENT, MUTILATION, DESTRUCTION OF DOCUMENTS

#COMPANYLAW #COMPANYACT2013 #NCLT #NATIONALCOMPANYLAWTRIBUNAL #NCLAT #NATIONALCOMPANYLAWAPPELLATETRIBUNAL #SECTION229 #BODYCORPORATE #BOARDOFDIRECTORS #SECTION447 When a person is asked to explain themselves or make a statement as part of an inspection, inquiry, or investigation, or when an officer (including any director, manager, or key managerial staff, as well as any individual who the Board of Directors or one or more of the directors are or are used to acting by when ma

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alkapranjal
  • Jun 25
  • 1 min

SECTION 228 THE INVESTIGATION, ETC., OF FOREIGN COMPANIES

#COMPANYLAW #COMPANYACT2013 #NCLT #NATIONALCOMPANYLAWTRIBUNAL #NCLAT #NATIONALCOMPANYLAWAPPELLATETRIBUNAL #SECTION228 #MUTATISMUTANDIS #INVESTIGATION #FOREIGNCOMPANIES As in this chapter mutatis mutandis ("with the required changes" or "all essential changes have been made." Mutatis mutandis means that while some adjustments may be required to adapt to various circumstances, the core idea will not alter. Contracts employ the word mutatis mutandis to incorporate clauses from o

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alkapranjal
  • Jun 25
  • 2 min

SECTION 227 LEGAL ADVISERS AND BANKERS NOT TO DISCLOSE CERTAIN INFORMATION

#COMPANYLAW #COMPANYACT2013 #NCLT #NATIONALCOMPANYLAWTRIBUNAL #NCLAT #NATIONALCOMPANYLAWAPPELLATETRIBUNAL #SECTION227 #LEGALADVISERS #INFORMATION Nothing in this Chapter shall require the disclosure to the Tribunal (National Company Law Tribunal- NCLT[1] is a quasi-judicial[2] body which is authorised for dealing with the corporate disputes which are civil and arising under the Companies Act), the Central Government, the Registrar (implies a Registrar, Additional Registrar, J

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alkapranjal
  • Jun 25
  • 2 min

SECTION 226 VOLUNTARY WINDING UP OF COMPANY, ETC., NOT TO STOP INVESTIGATION PROCEEDINGS

#COMPANYLAW #COMPANYACT2013 #NCLT #NATIONALCOMPANYLAWTRIBUNAL #NCLAT #NATIONALCOMPANYLAWAPPELLATETRIBUNAL #SECTION226 #VOLUNTARYWINDINGUP #STOPINVESTIGATION An investigation under this Chapter may be started regardless of the following, and no such inquiry shall be halted or postponed just because— A request has been submitted by section 241[1]; A special resolution for the company's voluntary winding up has been adopted; or The Tribunal (National Company Law Tribunal- NCLT[2

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alkapranjal
  • Jun 25
  • 2 min

SECTION 225 EXPENSES OF INVESTIGATION

#COMPANYLAW #COMPANYACT2013 #NCLT #NATIONALCOMPANYLAWTRIBUNAL #NCLAT #NATIONALCOMPANYLAWAPPELLATETRIBUNAL #SECTION225 #SECTION213 #INVESTIGATION 01. The Central Government shall initially cover the costs of and incidentals to an investigation by an inspector appointed by it under this Chapter, other than the costs of an inspection under section 214[1], but the following parties shall reimburse the Central Government to the extent specified below, namely: Any person who is fou

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alkapranjal
  • Jun 25
  • 3 min

SECTION 224 ACTIONS TO BE TAKEN IN PURSUANCE OF INSPECTOR’S REPORT

#COMPANYLAW #COMPANYACT2013 #NCLT #NATIONALCOMPANYLAWTRIBUNAL #NCLAT #NATIONALCOMPANYLAWAPPELLATETRIBUNAL #SECTION224 #ELEVENTHSCHEDULE #RULE88 01 The Central Government may prosecute the person for the offence if it appears from an inspector's report made under section 223[1] that the person has violated any law concerning the company, any other body corporate (including an organization formed outside of India, but excludes the following: cooperative societies registered und

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alkapranjal
  • Jun 16
  • 3 min

SECTION 424 PROCEDURE BEFORE TRIBUNAL AND APPELLATE TRIBUNAL

#SECTION424 #PROCEDURE #EVIDENCEACT #INDIANPENALCODE #CODEOFCRIMINALPROCEDURE #COMPANYLAW #NCLT #NATIONALCOMPANYLAWTRIBUNAL #NCLAT #NATIONALCOMPANYLAWAPPELLATETRIBUNAL 01. The Tribunal (National Company Law Tribunal- NCLT[1] is a quasi-judicial[2] body that is authorized to deal with the corporate disputes which are civil and arising under the Companies Act) and the Appellate Tribunal (National Company Law Appellate Tribunal- NCLAT[3]) shall not be bound by the procedure laid

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alkapranjal
  • Jun 16
  • 1 min

SECTION 423 APPEAL TO SUPREME COURT

#SECTION423 #SUPREMECOURT #APPELLATETRIBUNAL #SIXTYDAYS #60DAYS #COMPANYLAW #NCLT #NATIONALCOMPANYLAWTRIBUNAL #NCLAT #NATIONALCOMPANYLAWAPPELLATETRIBUNAL Any individual who is aggrieved by an Appellate Tribunal (National Company Law Appellate Tribunal- NCLAT[1]) order may file an appeal with the Supreme Court within sixty days of receiving the NCLAT's order on any matter of law arising out of order: However, the Supreme Court may, if satisfied that the appellant was prevented

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alkapranjal
  • Jun 16
  • 2 min

SECTION 422 EXPEDITIOUS DISPOSAL BY TRIBUNAL AND APPELLATE TRIBUNAL

#SECTION422 #EXPEDITIOUSDISPOSAL #TRIBUNAL #APPELLATETRIBUNAL #APPLICATION #COMPANYLAW #NCLT #NATIONALCOMPANYLAWTRIBUNAL #NCLAT #NATIONALCOMPANYLAWAPPELLATETRIBUNAL Every application or petition presented to the Tribunal (National Company Law Tribunal- NCLT[1] is a quasi-judicial[2] body that is authorized to deal with the corporate disputes which are civil and arising under the Companies Act), and every appeal filed with the Appellate Tribunal (National Company Law Appellate

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alkapranjal
  • Jun 16
  • 8 min

SECTION 421 APPEAL FROM ORDERS OF TRIBUNAL

#SECTION 421 #APPEAL #45DAYS #FORM1 #FORM2 #RULE19 #RULE20 #RULE21 #RULE22 #RULE23 #RULE24 #RULE25 #RULE26 #RULE27 #RULE28 #RULE29 #RULE30 #RULE31 #RULE32 #NATIONALCOMPANYLAWTRIBUNAL #COMPANYLAW #NCLT #NATIONALCOMPANYLAWTRIBUNAL #NCLAT #NATIONALCOMPANYLAWAPPELLATETRIBUNAL Any person who is aggrieved by a Tribunal (National Company Law Tribunal- NCLT[1] is a quasi-judicial[2] body that is authorized to deal with the corporate disputes which are civil and arising under the Comp

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