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In case of reduction of share capital, company cancels any paid-up share capital which is lost or is unrepresented by available assets or pays off excess paid-up share capital.
These rules may be called National Company Law Tribunal (Procedure for reduction of share capital of Company) Rules, 2016 and applicable from 15.12.2016.
Proceedings relating to following shall stand transferred to Benches of the NCLT Tribunal- Arbitration, Compromise, Arrangements and Reconstruction
NCLT, while exercising the power of rectification under section 254(2), can recall its order in its entirety if it is satisfied that prejudice has resulted to the party which is attributable to the Tribunal’s mistake, error or omission
Applicant can appear before the Tribunal or the Appellate Tribunal in person or can authorise a chartered accountant, company secretary, cost and works accountant or a lawyer to appear before NCLT, NCLAT.
Caveat petition is a precautionary measure which is undertaken by people usually when they are having very strong apprehension that some case is going to be filed in the court regarding their interest in any manner.
The Ministry vide notification no. G.S.R. 2843(E), dated 01.09.2016 has notified certain designated Special Courts with the concurrence of the Chief Justice of the High Courts of Chhattisgarh, Rajasthan, Punjab and Haryana, Madras and Manipur, for providing speedy trial of offences punishable with imprisonment of two years or more under the Companies Act, 2013.
MCA vide its Notification dated 9th September, 2016,has enforced few more sections of the Companies Act, 2013. It is pertinent to note here that considering the MCA Notification dated 1st June, 2016[2], it seems that the current Notification has been brought in order to plug the missing gaps left after the June Notification.
Central Government hereby appoints following persons as Judicial and Technical Members in the National Company Law Tribunal in the pay scale of Rs. 67000-79000/- with effect from the dates mentioned against each for a period of five years or till he attains the age of sixty five years, whichever is earlier:-
1. Short title and commencement.- (1) These rules may be called the National Company Law Tribunal Rules, 2016. (2)They shall come into force on the date of their publication in the Official Gazette.
