Index

1. What Is The Companies Act, 2013?
2. How To File A Case Under The Companies Act? 

 

 

 

What Is The Companies Act, 2013?

The Companies Act, 2013 is an essential legislation enacted by the Parliament of India that serves as the primary source of company law in the country. It received presidential assent on August 29, 2013, and largely replaced the earlier Companies Act of 1956. The Act aims to regulate the incorporation, management, and dissolution of companies, enhancing corporate governance and accountability.

Key Features:

1. Corporate Structure: The Act introduces various types of companies, including One Person Companies (OPC), private companies, and public companies, each with specific regulations.
2. Corporate Social Responsibility (CSR): It mandates certain companies to spend at least 2% of their average net profits on CSR activities, making it one of the first laws globally to enforce CSR.
3. National Company Law Tribunal (NCLT): The Act established the NCLT for resolving disputes and handling insolvency matters, enhancing the legal framework for corporate governance.
4. Regulatory Framework: It sets out detailed procedures for company registration, governance, and compliance, including the roles and responsibilities of directors and auditors.
5. Increased Penalties: The Act imposes stricter penalties for non-compliance and misconduct, ensuring greater accountability among corporate executives.

 

 

How To File A Case Under The Companies Act? 

To file a case under the Companies Act, 2013 in India, follow this detailed step-by-step practical guide:

Step 1: Identify the Nature of the Case

Determine the specific issue you want to address under the Companies Act, such as:

1. Oppression and mismanagement
2. Breach of fiduciary duties
3. Non-compliance with statutory requirements
4. Fraudulent activities

Step 2: Prepare Necessary Documents

Gather all relevant documents that support your case, which may include:

1. Company registration documents
2. Board resolutions
3. Financial statements
4. Correspondence related to the issue
5. Any other evidence pertinent to your claim

Drafting Of petition

Step 3: Draft the Petition

Prepare a petition that outlines your case, Include:

1. Title: Name of the case (e.g., “In the matter of [Company Name]”).
2. Parties Involved: Names and addresses of the petitioner(s) and respondent(s).
3. Facts of the Case: A clear and concise statement of facts leading to the petition.
4. Legal Grounds: Cite relevant provisions of the Companies Act that support your case.
5. Relief Sought: Clearly state what you are asking the court to do (e.g., appoint an inspector, remove a director).

Step 4: File the Petition with the National Company Law Tribunal (NCLT)

1. Locate the NCLT: Identify the appropriate NCLT bench based on the jurisdiction of the company.
2. Submit the Petition: File your petition along with the required documents at the NCLT office. Ensure you have multiple copies of the petition and documents for the court and the respondents.
3. Pay the Filing Fee: Pay the requisite fee based on the nature of the case. Obtain a receipt for the payment.

serving notice

Step 5: Serve Notice to the Respondents

After filing, you must serve a notice of the petition to all respondents. This can be done through:

1. Registered Post: Send the documents via registered mail.
2. Bailiff Service: Request the NCLT to send a bailiff to deliver the notice.
3. Personal Delivery: Deliver the documents in person, ensuring to obtain a signature as proof.

Step 6: Attend the Hearing

Once the notice is served, a date for the hearing will be set. Attend the hearing with all relevant documents and be prepared to present your case. 

Step 7: Await the Tribunal’s Decision

After hearing both parties, the NCLT will issue a judgement based on the evidence and arguments presented. The decision may include orders for compliance, penalties, or other remedies.

Step 8: Compliance with the Order

Once the NCLT issues its order, ensure compliance with the directives provided. If you are dissatisfied with the decision, you may have the option to appeal to the National Company Law Appellate Tribunal (NCLAT).