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CMA Final · Corporate Financial Reporting · Absorptions, Amalgamations, External Reconstruction

Under Section 411 of the Companies Act, 2013, which person is eligible to be the chairperson of the Appellate Tribunal?

The chairperson of the Appellate Tribunal must be a person who is or has been a Judge of the Supreme Court or the Chief Justice of a High Court, under Section 411(1). Other qualifications listed relate to the President, judicial members or technical members.

  1. AA person who is or has been a Judge of the Supreme Court or the Chief Justice of a High CourtCorrect
  2. BA person who has been a High Court Judge for five years
  3. CA person with twenty-five years of experience in industrial finance and accountancy
  4. DA Judicial Member of the Tribunal for five years

Explanation

Section 411(1) states that the chairperson shall be a person who is or has been a Judge of the Supreme Court or the Chief Justice of a High Court. The five-year High Court judge test is for the President of the Tribunal under Section 409, and the twenty-five year experience is for technical members.

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