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CS Executive · Company Law and Practice · Introduction to Company Law

The Central Government wants to set up the National Company Law Tribunal under the Companies Act, 2013. Which statement correctly describes how the Tribunal is constituted?

The National Company Law Tribunal is constituted by the Central Government through a notification effective from a specified date. It consists of a President and as many Judicial and Technical members as the Central Government considers necessary, appointed by notification.

  1. ABy notification, with effect from a specified date, consisting of a President and such number of Judicial and Technical members as the Central Government deems necessaryCorrect
  2. BBy an order of the Supreme Court, consisting of a Chairperson and eleven members
  3. CBy a resolution of Parliament, consisting of only Judicial members
  4. DBy the Registrar of Companies, consisting of a President and three Technical members

Explanation

Section 408 provides that the Central Government constitutes the Tribunal by notification from a specified date. It consists of a President and such number of Judicial and Technical members as the Central Government deems necessary. The other options name wrong constituting authorities or wrong composition.

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