Companies Act
The law ministry has advised against the setting up of the National Company Law Appellate Tribunal (NCLAT) to chair which recently retired Supreme Court justice KS Radhakrishnan’s name had been recommended, reported the Express.
The reported reason for this advice was that the National Company Law Tribunal – appeals from which would go to the NCLAT – had not yet been established.
On shooting down Radhakrishnan’s name recommendation the law ministry said that the name had to be approved by the Chief Justice of India (CJI), and also advised against appointing two judicial members to the yet-to-be constituted Tribunal, which is a statutory requirement under the new Companies Act.
The Institute of Company Secretaries of India (ICSI) has written to the Ministry of Corporate Affairs (MCA) against the newly notified Companies Act sections, some of which are potentially “fatal to the profession of Company Secretaries” in India.
J Sagar Associates (JSA) partner Lalit Kumar has set out the important new sections of the Companies Act that were yesterday announced by the MCA and would be notified and come into force on 1 April.