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CS Executive · Company Law and Practice · Members and Shareholders

Ritu, a member of Sarthak Infra Ltd, found that her name was left out of the register of members without sufficient cause after she had validly acquired shares. Where can she seek rectification of the register under the Companies Act, 2013?

Ritu can appeal to the Tribunal in the prescribed form under section 59. If a name is omitted from the register of members without sufficient cause, the aggrieved person, any member or the company may seek rectification, and the Tribunal can direct it and award damages.

  1. AOnly by a civil suit in the district court
  2. BBy appeal to the Tribunal in the prescribed formCorrect
  3. CBy application to the Registrar of Companies, whose order is final
  4. DBy application to SEBI, as the register belongs to the market regulator

Explanation

Section 59(1) lets the person aggrieved, any member, or the company appeal in the prescribed form to the Tribunal for rectification where a name is omitted without sufficient cause. The Tribunal may dismiss the appeal or direct rectification and damages. Neither the Registrar nor SEBI is the forum for this remedy.

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