Appearance & Arbitration Services

 

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Appearance & Arbitration Services
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Appearance & Arbitration Services

We “Especia Associates LLP” is a Legal Advising and Consulting firm having a team of professionals who are practicing in different areas such as:

  1. Companies Act, 2013
  2. Telecom Regulatory Authority of India (TRAI) Act, 1997
  3. Securities and Exchange Board of India (SEBI) Act, 1992
  4. Competition Act, 2002
  5. FEMA ACT,1999
  6. Income Tax Act,1961

 

We as a Practicing Professionals may appear as an Authorized Representative before the different Appellate Authority and Appellate Tribunal with presence in Noida, Delhi, Gurgaon & other regions in India in relation to the different areas mentioned below:

 

(A)  UNDER THE COMPANIES ACT, 2013

Section 432 of the Companies Act, 2013 dealing with the right to legal representation envisages that the applicant or the appellant may authorize one or more Chartered Accountants or Company Secretaries to present his or its case before the Tribunal or the Appellate Tribunal, as the case may be.

We, at Especia, a best law/ lawyers consulting firm for NCLT/NCLAT matters & corporate litigation and cases may appear for NCLT practice services as an authorized representative before the different Appellate Authority and Tribunal having different jurisdiction under the Companies Act, 2013 which are mentioned below:

 

1. National Company Law Tribunal (NCLT)

National Company Law Tribunal is Quasi-Judicial Body which exercises and discharge such powers and functions as are, or maybe, conferred on it by or under the Act or any other law for the time being in force.

There are some matters against which appeal may be file to the NCLT cases under Companies Act, 2013 such as:

  • Amalgamation and Merger,
  • Acquisition,
  • Takeover,
  • Reconstruction,
  • Reorganization,
  • Restructuring and winding up of companies.

 

2. National Company Law Appellate Tribunal (NCLAT)

National Company Law Appellate Tribunal is a Quasi-Judicial Body which is constituted to hear appeals against,-

(a) the order of the Tribunal under the Act; and

(b) any direction, decision or order referred to in section 53N of the Competition Act, 2002 in accordance with the provisions of that Act.

 

3. Registrars of Companies

There are some matters which deal by Registrar of Companies under Companies Act, 2013 such as:

  • Incorporation of Company and Certificate of Incorporation
  • Mortgage and Charges
  • Inspection, Inquiry, and Investigation
  • Remove Name from Register of Companies
  • Any other matters specified from time to time

 

4. Regional Directors

There are some matters which deals by Regional Directors under Companies Act, 2013 such as:

  • Approval of application for shifting of registered office from one State to another
  • Power to order rectification or condonation in the register of charges
  • Approval for removal of the auditor
  • Confirmation for merger or amalgamation between two or more small companies or between a holding company and its wholly-owned subsidiary company
  • Obtain the previous sanction by the Registrar to the presentation of a petition for winding up
  • Any other matters covered from time to time

 

 (B) UNDER THE TRAI ACT,1997

We as a Practicing Professionals, TRAI law firm consultants & TRAI lawyers may appear as an Authorized Representative before the Appellate Tribunal for the matters related to the Telecom Industry under the Telecom Regulatory Authority of India (TRAI) Act, 1997 for all TRAI cases.

 

(C) UNDER THE SEBI ACT

Securities and Exchange Board of India (SEBI) Act, 1992

under Section, 15V permits the appellant to authorize one or more of practicing Company Secretaries, Chartered Accountants, Cost Accountants to present his or its case before the Securities Appellate Tribunal for all SEBI matters & Cases as SEBI lawers & SEBI Law consulting firm.

 

APPELLATE AUTHORITIES UNDER SEBI ACT

(1) Appeal to the Securities Appellate Tribunal

Matters against which appeal may be preferred:

  • any person aggrieved by an order of the Board made under the Act, or the rules or regulations made thereunder; or
  • by an order made by an adjudicating officer under the Act; or
  • by an order of the Insurance Regulatory and Development Authority or
  • the Pension Fund Regulatory and Development Authority.

 

We as a Practicing Professionals may appear as an Authorized Representative before the Securities Appellate Tribunal on behalf of the appellant.

 

 (D) UNDER THE COMPETITION ACT,2002

Competition Authorities and the companies world over avail services of professionals to guide and advise them on various aspects of competition law. Professionals also assist companies in designing, implementing and maintaining effective competition compliance programs.

We as a Practicing Professionals, Competition Act Lawers & law Firm may appear as an Authorized Representative before Competition Commission of India. Besides, for matters such as the value of assets, turnover, determination of market, relevant market, a geographic market which require active professional involvement and advice.

 

(E) UNDER REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016

As per Section 56 of the Real Estate (Regulation and Development) Act, 2016 a Company Secretary holding the certificate of practice can appear before Appellate Tribunal or a Regulatory Authority or Adjudicating Officer on behalf of applicant or appellant as the case may be. Hence a Company Secretary holding certificate of practice can –

  • Represent a person (promoter) before any real estate regulatory authority for registration of real estate project,
  • Represent a person before real estate appellate tribunal.
  • Represent a person before Adjudicating Officer.

Hence our Practicing Professional, RERA consultants, Lawyers & law firms may also represent before the said appellate tribunal on behalf of an applicant.

 

(F) UNDER FEMA ACT,1999

Our Practicing Professionals, FEMA Consultants, Lawyers & Law firms may appear before the Appellate Tribunal on behalf of the appellant for the following matters:

 

  1. Dealing in foreign exchange, etc.
  2. The holding of foreign exchange, etc.
  3. Current account transactions
  4. Capital account transactions
  5. Export of goods and services
  6. Realization and repatriation of foreign exchange
  7. Exemption from realization and repatriation in certain cases.
  8. Contravention and penalties
  9. Adjudication and appeal

 

(G) UNDER INCOME TAX ACT,1961 & GST ACT

Our Practicing Professional may provide appearance services before the Appellate Tribunal on behalf of the appellant for the Income-tax appeals & other income tax cases &  matters falling under the followings the below-mentioned acts:

  1. Direct Tax
  2. Goods and Services Tax

 

(H) ARBITRATION AND CONCILIATION

Our Practicing Professional may act as Arbitrator/Conciliator in Domestic and International Commercial disputes under various laws in India.

If you are looking for any appearance, legal, lawyer, secretarial, or law firm services under any of the above mentioned Acts in India, you can write to us at accounts@especia.co.in.