MCA notifies the National Company Law Appellate Tribunal (Amendment) Rules, 2017 w.r.t. authorised representatives of a party in a proceeding/appeal before the NCLAT

MCA notifies the National Company Law Appellate Tribunal (Amendment) Rules, 2017 w.r.t. authorised representatives of a party in a proceeding/appeal before the NCLAT

August 29, 2017 Corporate 0

The Ministry of Corporate Affairs, vide notification dated 23rd August, 2017 has notified the National Company Law Appellate Tribunal (Amendment) Rules, 2017 (‘Amendment’) pertaining to Appearance of authorised representatives under rule 63 of the National Company Appellate Tribunal Rules, 2016. The analysis of the amendment is given below:

Pre-AmendmentPost – AmendmentImplication
 

Rule 63 : Appearance of authorised representative –

 

(1) Subject to provisions of Section 432 of the Act, a party to any proceedings or appeal before the Appellate Tribunal may either appear in person or authorise one or more chartered accountants or company secretaries or cost accountants or legal practitioners or any other person to present his case before the Appellate Tribunal

 

Rule 63 :  Appearance of authorised representative –

 

(1) Subject to provisions of Section 432 of the Act, a party to any proceedings or appeal before the Appellate Tribunal may either appear in person or authorise one or more chartered accountants or company secretaries or cost accountants or legal practitioners or any other person to present his case before the Appellate Tribunal.

 

(2) The Central Government, the Regional Director or the Registrar Companies or Official Liquidator may authorise an officer or an Advocate to represent in the proceedings before the Appellate Tribunal.

 

(3) The officer authorised by the Central Government or the Regional Director or the Registrar of Companies or the Official Liquidator shall be an officer not below the rank of Junior Time Scale or company prosecutor.”

 

 

 

Pursuant to the Amendment, the Central Government, the Regional Director or the Registrar Companies or Official Liquidator has also been empowered to authorize an advocate or an officer not below the rank of Junior Time Scale or company prosecutor to represent a party in a proceedings or an appeal before the National Company Law Appellate Tribunal.

 

 

Prior to the present Amendment only the party to a proceeding/appeal before the National Company Law Appellate Tribunal had the power to authorize one or more chartered accountant(s) or company secretary/ies or cost accountant(s) or legal practitioner(s) or any other person to present his case before the Tribunal.

 

Source: Ministry of Corporate Affairs

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