Amendment in National Company Law Tribunal Rules, 2016

Ministry of Corporate Affairs (MCA) vide notification dated 5^th July,2017 have amended the National Company Law Tribunal Rules, 2016. The amendment is with respect to inserting the a new Rule after rule 87, (Rule 87 A). The highlights of the same are as follows:

·        An Appeal or application under section 252(1) and (3) of Companies Act, 2013 must be made in the prescribed Form No. NCLT 9.

·        A copy of the appeal or application, shall be served on the Registrar and on such other persons as the Tribunal may direct, not less than 14 days before the date fixed for hearing

·        Tribunal while passing the order, shall direct the following :

o   Deliver certified copy of the order to the Registrar of Companies within 30 days from date of order

o   Registrar shall publish the certified copy of the order in the Official Gazette

o   Appellant/Applicant shall pay costs occasioned by appeal or application to the Registrar

o   Company shall file the pending financials & Annual Returns with Registrar and comply with requirements of Companies Act, 2013 within such time as may be directed by the tribunal

·        An application under second proviso of sub-section (1) of Section 252 shall be in     Form No. NCLT 9.