The Application
The certified copy application is made to the NCLT registry in the prescribed form, accompanied by the prescribed fee. The application should identify the order, the date of pronouncement, and the purpose for which the certified copy is required. The registry may take several weeks to issue the certified copy, and the company should apply immediately after the order is pronounced.
The Contents of the Certified Copy
The certified copy must bear the seal of the Tribunal and the signature of the authorised officer. It must reproduce the order in full, including the operative directions. A certified copy that omits a direction or contains a typographical error is defective and should be returned for correction.
The Filing with the ROC
The certified copy is filed with the ROC in Form INC-28 within thirty days. The ROC may also require a copy of the scheme and the board and shareholder resolutions. The filing is not complete until the ROC registers the order and issues the acknowledgement.
The Filing with Other Authorities
The certified copy may also be required by: the tax authorities (for the assessment of the scheme’s tax consequences); the GST authorities (for the transfer of ITC); the FEMA authorities (for cross-border schemes); and the appellate tribunal (for an appeal against the order). The company should obtain multiple certified copies to avoid delays.
The Practical Timeline
The certified copy application should be filed on the day the order is pronounced or the next working day. The registry’s processing time should be built into the scheme’s closing timeline, because the effective date of the scheme may depend on the filing of the certified copy.
Call to Action: For certified copy application, registry follow-up, or multi-authority filing coordination, contact office@anujdesaiassociates.com or 9619456656. Website: https://anujdesaiassociates.com. LinkedIn: linkedin.com/in/ca-anuj-desai-122547230.