Comment on the following: Appellate authorities under the Companies Act, 2013 on refusal of transfer/transmission of shares.

CS Professional · Drafting, Appearances and Pleadings · PYQS · December 2015
Comment on the following: Appellate authorities under the Companies Act, 2013 on refusal of transfer/transmission of shares.

Answer & Explanation:

Section 58 of the Companies Act, 2013 provides that the transferor or transferee, or the person who gave intimation of the transmission by operation of law, as the case may be, may appeal to the Board/Tribunal against any refusal of the company to register the transfer or transmission, or against any failure on its part within the specified period, either to register the transfer or transmission or to send notice of its refusal to register the same. The appeal under above shall be made within two months of the receipt of the notice of such refusal or, where no notice has been sent by the company, within four months from the date on which the instrument of transfer, or the intimation of transmission, as the case may be, was delivered to the company. According to Section 423 of the Companies Act, 2013 any person aggrieved by any decision or order of the Appellate Tribunal may file an appeal to the Supreme Court within sixty days from the date of communication of the decision or order of the Appellate Tribunal to him on any question of law arising out of such decision or order. However, the Supreme Court may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding sixty days.

Topics: Companies Act, 2013

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