National Company Law Tribunal (NCLT) is a quasi-judicial authority formed to administer and resolve corporate disputes. NCLT as an adjudicating authority in India was formed by the Central Government to place decisions, issue summons and resolve disputes in the corporate sector with the directions marked in different corporate laws. Section 408 of the Companies Act, 2013, confers powers and procedures on NCLT to undertake law advisory and perform functions as notified for corporates.
NCLT assures following of compliances, regulations, institutional guidelines (RBI, FEMA, SEBI, etc) and disposal of corporate proceedings related to amalgamation, wind up, liquidation, compromise, arrangements, reconstructions, arbitration, etc with companies. NCLT is empowered by the Insolvency and Bankruptcy Code, 2016 to undertake insolvency resolution or windup proceedings with Companies and Limited Liability Partnerships (LLPs) in India. Decisions, as framed by NCLT, are appeal-able before the NCLAT (National Company Law Appellate Tribunal) within specified timeline as prescribed under different situations and rules made thereunder the legislations.
NCLT / NCLAT Compliance by Companies
NCLT has similar powers as granted to the High court for legal disputes between corporates. NCLT under the Companies Act, 2013 has the power to adjudicate for proceedings which were initiated before Company Law Board (CLB), Board for Industrial and Financial Reconstruction(BIFR) or the jurisdiction and powers relating to winding up restructuring and other such provisions, vested in High Courts.
Some related essential fillings/appeals which have to be done by companies/LLPs, if proceedings are held with NCLT:
- For Insolvency Resolution Process;
- For Financial Debt Acknowledgment / Arbitration;
- For Mergers/Demergers/Amalgamation/Winding up;
- For Revocation of registration, Revival, Rehabilitation, Reduction in Capital of Company;
- For Submission of revised financial statements, oppression or management of business;
- For approval of issue of securities, share transfer, company conversion and conduct of general meetings in certain circumstances;
- For Compounding of offenses etc.
- For filing condonation of delay
- For revising financial year of the company.