Title: Role Of Company Law And Secretarial Practice In NCLT And NCLAT
1AHLAWAT ASSOCIATES ADVOCATES
2AHLAWAT ASSOCIATES ADVOCATES
Role Of Company Law And Secretarial Practice In
NCLT And NCLAT
3AHLAWAT ASSOCIATES ADVOCATES
Keeping in mind the perspective of the legal
issues and the requirement of special knowledge,
the people responsible for discharging the
responsibilities and dealing with complicated
matters related to various subjects, the
emergence of specialized tribunals have gained
acceptability and attention over the years.
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ESTABLISHMENT OF NCLT
5AHLAWAT ASSOCIATES ADVOCATES
According to a constitution bench of the Supreme
Court and in a recent judgment has resulted in
the formation of NCLT or the National Company Law
Tribunal and the NCLAT or the National Company
Law Appellate Tribunal under the provisions of
the Companies Act of 2013.While all the matters
are going to be handled by the NCLT, the
aggrieved parties not satisfied with the decision
of NCLT may move further and appeal through the
Company Law Appellate Tribunal and going ahead
further to the Supreme Court.
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LEGAL REPRESENTATIVE
The party of a legal proceeding or an appeal
before the tribunal or the appellate tribunal may
prefer to appear in person or send someone
specializing in company law and secretarial
practice, a CA or other legal practitioners, and
any other person for the presentation of the case
before the tribunal or the appellate tribunal.
7AHLAWAT ASSOCIATES ADVOCATES
PROSPECT OF COMPANY SECRETARIES
The establishment of NCLT and NCLAT is going to
offer a host of opportunities to the company
secretaries who are still practicing and have
been authorized to appear before the tribunal or
the appellate tribunal.
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OTHER DUTIES OF CORPORATE SECRETARY
The corporate secretarial practice is going to
engage in a merger, demerger, amalgamation,
reverse merger, compromise, and the rest of the
arrangements right from the level of conception
to implementation.
9AHLAWAT ASSOCIATES ADVOCATES
Conclusion
As the NCLT has been given the power of winding
up the companies, the company secretaries can
also represent those cases before the tribunal.
When compared with the previous positions of
company liquidators for which government
officials used to be appointed, the corporate
secretaries today can act as liquidators in
winding up the case. Resource https//www.livebl
ogspot.com/business/law-and-secretarial-practice-i
n-nclt-and-nclat/
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