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Introduction
Do the words ‘corporate litigation’ run an electric wave down your spine? Are you willing, ready and excited to bungee jump into the arena of corporate battles?
Or are you a ‘never give up’ justice seeker hell bent on getting shareholders their rightful dues from the management?
Are you an experienced litigator in different areas, but are now tilting towards corporate litigation? Are you finding that clients who come to you for corporate consultancy and compliance work now need someone to represent them before a forum for insolvency/amalgamation matters, and you need to know how to help them?
If you are in any of the above spaces, you will move towards National Company Law Tribunal (NCLT) litigation.
The NCLT is a uniquely placed tribunal, since it performs the dual role of a Tribunal under the Companies Act, 2013 and the Adjudicating Authority under the Insolvency and Bankruptcy Code, 2016. Within a short span of time since its formation in 2016, there are 16 benches of NCLT established in India. There are 6 benches at Delhi (one being the Principal Bench), one at Allahabad, one at Bengaluru, two at Ahmedabad, five at Mumbai, two at Chennai, one at Chandigarh, one at Cuttack, one at Guwahati, one at Kochi, one at Jaipur, three at Hyderabad and two at Kolkata.
Two more benches are proposed at Amravati and Indore. This shows the quantum of matters handled by this forum. Some benches like Mumbai and Delhi are extremely busy with judges of each court hearing some 50-60 matters daily.
The demand for professionals who understand the proceedings under the Insolvency and Bankruptcy Code, 2016 (IBC) is slated to increase consistently, particularly in a downward trend economy, where generating revenue keeps becoming more and more difficult, resulting in payment defaults.
The two main areas for practice under the IBC, from a legal perspective, are being an Insolvency Resolution Professional (IRP) and representing clients before the NCLT.
Both the Institute of Company Secretaries of India and the Institute of Chartered Accountants of India have set up their own Institute of Insolvency Professionals (IIPs) to train their members to function as IRPs, thus increasing the competition in this sphere.
In representing clients before the NCLT however, the lawyers have an edge because the other two professions (CA/CS), though permitted to represent clients before the NCLT, do not have a track record of being trained in court craft.
Insolvency matters have seen a great surge and on opening the cause list of any of the NCLTs located throughout the country, you will see that section 7/section 9 applications under the IBC kind of dominate the list. This priority is especially required since unlike other matters, insolvency matters need to be dealt with, within a specified deadline.
Before the NCLT came into being, matters like amalgamation and capital reduction were already being dealt with at the High Court level, where only advocates could represent the clients.
Moving these matters to the NCLT has not only increased the avenues for CA/ CS, but also junior lawyers, who would face a bout of nervousness at the mention of High Court proceedings. Tribunals do not seem so intimidating.
Matters under the jurisdiction of the NCLT in the Companies Act, 2013 include amalgamations and mergers, which have a steady flow of work, whatever be the status of the economy.
Consider this: in a downward treading economy, companies will be looking to get merged to reduce operational costs and acquirers may also be able to buy businesses for cheap, thus increasing the amalgamations and mergers. Further, maintaining multiple entities in a group structure may become expensive, resulting in restructuring and amalgamations. Where it is a booming economy, investment will abound and there may be demergers to facilitate investment in specific businesses. Further, entities may look to amalgamate and increase their market share by synergising operations.
Oppression and mismanagement matters also tend to exist in all economic situations as difficult economic situations may result in creating rifts between family members or friends who may otherwise be working in harmony with each other and bring them to mismanagement.
In an upward facing economy, where the valuation of a company is high and it is cash rich, greed may raise its ugly head, thus resulting in one of the shareholder groups trying to oppress each other. The stakes in oppression and mismanagement matters also tend to be higher.
It can be fulfilling on all counts: you would need to put in all your skills and understand the facts and circumstances and apply the law and precedents to specific cases, you can be securing a justice for a shareholder who was unfairly treated and the payoff will be good since the value of shares involved can be high.
Who should take this course?
This course is tailor-made for a wide range of individuals who want to excel in the field of National Company Law Tribunal (NCLT) Litigation
Here's a closer look at who can benefit:
- Commercial Litigators: If you're a legal professional specializing in commercial law, this course will refine your understanding of NCLT procedures, giving you an edge in navigating complex corporate disputes.
- Independent Practitioners Building a Tribunal Practice: For independent practitioners aiming to establish a thriving tribunal litigation practice, this course provides invaluable insights, strategies, and practical know-how.
- Corporate Lawyers Handling Disputes: Corporate lawyers engaged in dispute resolution will benefit greatly from this course. It offers a focused approach to handling NCLT cases efficiently and effectively.
- Chartered Accountants and Company Secretaries: For CA and CS professionals aspiring to represent clients in NCLT matters, this course is indispensable. It imparts legal expertise, enabling you to confidently argue cases before the Tribunal.
- Law Students and Aspiring Corporate Lawyers: If you're a law student or a budding lawyer eager to join a corporate law firm's commercial litigation team, this course serves as an essential stepping stone. It equips you with practical skills and in-depth knowledge to excel in this competitive field.
What will you learn from this course?
- You will learn the basics of company law and Insolvency and Bankruptcy Code, 2016, and other aspects as may be required for the purpose of dealing with matters before the NCLT.
- In addition, you will be trained in the specific aspects of each matter and in the hands on drafting and organising of documents to be submitted to the NCLT in case of various petitions, applications, appeals and replies.
- The only other way you can really acquire these skills is if you were to train with an advocate practising in NCLT matters and even that will not expose you to the whole gamut. The speed at which the NCLT Benches are being established at various places across the country will ensure that you get matters, irrespective of whether or not you are based in a metro.
- Court craft and the ability to stand before a tribunal is not the most easily accessible skill, but if you are thoroughly aware of everything that goes into your case, things can become that much easier for you. If you have already been appearing before the NCLT for IBC matters, this course can benefit you incredibly since a little more effort towards learning company law can increase the clientele for you considerably. Same is the case if you are appearing in respect of company law matters, but are looking to venture into the IBC domain.
- Even if you weren’t appearing before the NCLT, the knowledge of Company Law and IBC can draw clients to you even for consultancy matters.
Training Methodology

Online 24/7 access
Access study materials via our online portal & via our anroid & iOS apps.

Hard Copy Study Material
You will receive hard copy study material delivered to your address.

Practical Exercises
Two practical exercises every week, each followed by written feedback.

Live Online Classes
Live online classes based on exercises, allowing questions and feedback.

Convenient Class timings
Classes held after work hours, typically on Sundays or after 8 PM on weekdays.

Live Doubt Clearing
Live doubt clearing for support and one-on-one sessions with mentors.
What is the career potential after doing this course
- The National Company Law Tribunal is a hub for shareholder wars and big-ticket corporate litigation. For example, removal of Cyrus Mistry as the chairman by the Tata Sons’ board resulted in a wave of NCLT litigation. Cutting-edge concepts of corporate law, and innovative rights under shareholders agreements and articles of association are tested before the NCLT.
- Similarly, lawyers who understand IBC and can represent clients before the NCLT are in high demand by clients. Even law firms are constantly on the lookout to hire such lawyers in their team or brief them as external arguing counsels.
- If you can state in your CV that you have handled a few IBC matters and drafted applications and represented clients before the NCLT in these matters, there are high chances that you will be picked up by the law firms.
- The amount of earnings a litigator can have is increasing owing to the emergence of specialized tribunals for commercial matters. For this reason, litigators are gradually trying to take up commercial litigation work.
- If you learn about NCLT litigation, you will be able to pick up matters which suit an entrant in the litigation arena very well and then, leverage your familiarity with the courtroom environment, drafting techniques, court craft or simply being someone whom the judge has seen to gain further matters which would be more demanding intellectually and be highly financially rewarding.
- Large corporate groups looking to expand or restructure will also want to engage you as an in-house counsel since there needs to be someone internally who understands the processes before the NCLT and can manage lawyers or consultants who appear on behalf of the company, in case there is litigation emerging from the restructuring exercise.
- More than anything else, proficiency in dealing with NCLT litigation matters will cause many small and medium businesses (SMBs), startups and high net-worth promoters and directors to entrust you with legal matters. You may advise them on how litigation can be avoided or taken up.
- NCLT litigation expertise will also lead to mandates for advisory work and opinions from large companies, high net-worth promoters and small and medium businesses.
- On this front, having an idea about appellate work before the NCLAT will further strengthen your strategic advantage.
Potential Employers
- Law Firms: Law firms, both big and small, are always on the lookout for talented NCLT litigation experts. Your expertise will be invaluable in representing their clients effectively in matters related to company law, mergers, acquisitions, and more.
- Large Corporate Groups: Major corporations often require in-house legal experts to navigate the complex legal landscape of NCLT. With our diploma, you'll be well-prepared to work with these corporate giants and handle their legal affairs efficiently.
- Large Company Secretarial / Chartered Accountancy Firms: These firms value professionals with NCLT litigation knowledge to ensure their clients comply with corporate laws.
- Startups / Small to Medium-sized Entities: In today's competitive business world, startups and SMEs also need legal guidance. Your skills will be in demand to help these growing businesses navigate NCLT proceedings, contracts, and compliance.
- Government Agencies and Regulatory Bodies: Government agencies and regulatory bodies involved in corporate affairs often require legal experts with NCLT litigation experience.
- Legal Consultancies: Consulting firms specializing in corporate and business law will be eager to welcome you into their teams.
What is unique about this course?
- If you are a solo practitioner keen on getting your foot into the doorstep of corporate litigation, there’s no better place than the NCLT to begin with. This course deals with each of the matters that can be dealt with by the NCLT in a step by step manner, thus exposing you to the substantive and procedural aspects of taking on and appearing for these matters. For an online course, we will only just stop short of bringing you into an NCLT courtroom.
- The course is not limited to a provision-by-provision study of some statutes. It will explain the applicability of the provisions with the help of case laws that surround such provisions.
- The course is tough and intensive; you will not be awarded the certificate unless you complete all the exercises. You have to spend 8-10 hours per week on this course.
- You will get personal attention and coaching from the trainers, and get individual feedback on the quality of work you produce
- Our trainers are individuals who deal with NCLT matters day in and day out, on a hands-on basis, with many years of industry experience
- You will be writing an article every month and with our guidance publish the same either on iPleaders blog or various other industry publications
- We will provide you a free course on professional networking, CV writing and interview skills so that you can easily find jobs
- Those who perform well in class will be recommended to top law firms for internships and jobs. If you do not need such help, let us know in what other way we can help you.
- You will find knowledge acquired in this course very valuable with respect to most teams at law firms, as an in-house counsel or even if you pursue corporate litigation.
Can I get remote freelance work after doing this course?
At LawSikho, we have two types of students: those who already possess good legal skills and those who are in the process of learning. We believe in enabling our learners to start earning from their knowledge without delay.
For students who possess advanced legal abilities, we provide chances to delve into criminal litigation and trial advocacy. This includes learning about presenting cases in court, handling criminal matters, and practicing trial techniques.
You'll gain insights into the legal procedures involved in criminal cases, how to support litigation, and strategies for effectively representing clients in trials.
However, we understand that acquiring professional-level skills takes time. For those who are still developing their legal skills, we provide alternative work opportunities such as writing articles, conducting research, legal transcription, data entry, law firm administration, social media management, and more. Some students even engage in tasks like voice-over work, data compilation, translation, and virtual assistance.
We have established a dedicated team that actively pitches to organizations in the US to help LawSikho students find remote work.
We have set up a US entity to bridge the trust gap between US legal professionals and an organization operating from India.
We focus on getting learners their first three clients, guiding them in crafting impressive proposals. By the time they secure these initial clients, learners become well-adjusted to the process and can independently attract more clients.
They build their CVs and profiles with real work experience and testimonials, opening doors to numerous opportunities.
Getting started is often the hardest part, but at LawSikho, we make the process frictionless. We have witnessed law students earning well over $1000 per month.
Some students have earned $500 in their first month as a side gig. We have students who, after a year, now earn $10,000 per month. While some may start with $300, they make progress by learning new skills, improving their profiles, and pitching for higher-paying work.
Between April 2021 and June 2023, we created over 21000+ opportunities for our learners, resulting in thousands of students securing freelance work. The total value of work secured amounts to over $3,30,000 (Approx INR 2.7 Crore). Additionally, hundreds of individuals found employment, and secured internships.
Please note that these numbers represent the initial gigs facilitated directly by us or those on which we actively collaborated with the learners. Students have also secured additional work beyond our tracking.
How will you clear my doubts and help me if I am struggling to understand or learn a concept?
- In our live classes, you can ask questions, share your screen, receive personal feedback, and have your doubts cleared.
- If you need more help after getting feedback on an assignment or want career advice, you can schedule a private one-on-one call. Our evaluators and mentors are here to assist you and give you advice that's tailored to your needs.
Certification
This course is recognized by the National Skill Development Corporation, a PPP under the Ministry of Skill Development and Entrepreneurship of the Government of India. You will receive a certificate cobranded by NSDC and Skill India on successful completion.
This is how the certificate from NSDC and Skill India will look as per the current applicable format (may change as per the approval authorities):
Specific Learning Objectives
- Learn about how you can be a pro in advising clients on the best corporate structure to choose;
- Learn about how you can master the procedures for merger and acquisition transactions specifically handled at NCLT level;
- Learn how to effectively deal with and get the desired results from the meeting of the members and creditors held for approval of a scheme of arrangement;
- Learn how to respond to and adequately address the observations of the Regional Director on a scheme of arrangement;
- Learn how to get a scheme of arrangement approved by the NCLT on behalf of a client;
- Learn how you can get a company closed down with no liabilities remaining for the directors;
- Learn how you can help a client get a company restored on the register of companies;
- Learn how you can take a company through a winding up proceeding on behalf of management / client;
- Learn how to achieve specific objectives for raising capital by choosing the appropriate type of security, how to get a transfer of shares executed and what to check to find out if a transfer has been properly completed;
- Learn how to ensure that a company has appropriately maintained its statutory registers;
- Learn what to do if a company refuses to register a transfer of shares and if you want a register of members rectified;
- Learn about what rights are attached to the securities you or your client hold, if the company is permitted to vary these rights and if yes, how?
- Learn what you can do if you do not agree to the variation of rights attached to shares held by you;
- Learn how to advise a client on whether capital reduction works for him or buyback;
- Learn how you can get a process of capital reduction completed;
- Learn the procedure for the appointment of directors and how to brief the directors about their powers and liabilities;
- Learn who the key managerial personnel are in a company and how to advise the key managerial personnel about their liabilities;
- Learn how to ensure that board and shareholders meetings in a company are convened and conducted in compliance with the law;
- Learn how to ensure that decisions are properly taken in a company at board and shareholders levels;
- Learn what to do in the event the company in which you hold shares, does not convene an Annual General Meeting;
- Learn how to advise a shareholder on whether certain acts can be considered oppression or mismanagement;
- Learn how to ensure that acts of oppression and mismanagement in a company are stopped and the shareholder gets his / its dues;
- Learn how to advise the management on what needs to be done if a petition has been filed against oppression and mismanagement in the company;
- Learn who can apply to the NCLT for an investigation to be carried out into the affairs of the company and how to draft such an application;
- Learn what are class action suits and how these can be filed;
- Learn how a company can accept deposits and what to do in the event a company does not repay the deposits of a deposit holder;
- Learn how financial statements of a company are prepared and when do these need to be reopened or revised;
- Learn who can apply for the reopening or revision of the financial statements and what is the impact of such reopening or revision;
- Learn what is compounding and how to get offences under the Companies Act compounded;
- Learn about the core differences between financial creditors and operational creditors and how to identify which category a creditor falls into;
- Learn what are the career opportunities which open up for you with the knowledge of IBC;
- Learn the steps in an insolvency resolution process;
- Learn how to advise a client on whether a transaction amounts to financial debt;
- Learn how to advise a creditor on whether an application for initiation of insolvency as a financial creditor can be filed;
- Learn what to include within an application for initiation of insolvency as a financial creditor so that its admitted;
- Learn how to advise a client on the prerequisites of an operational debt;
- Learn how to draft a demand notice in case of operational debt;
- Learn about how an application for initiation of insolvency as an operational debtor should be drafted so that it is admitted by the NCLT;
- Learn about what matters can be brought before the NCLT as an adjudicating authority under the Insolvency and Bankruptcy Code and for which matters it is not an appropriate forum;
- Learn what are the prerequisites for a company to initiate its own insolvency;
- Learn how to advise a client on whether it is advisable for a company to initiate its own insolvency;
- Learn how the committee of creditors is constituted and what exactly is it supposed to do;
- Learn how to file claims and submit the proof of claims with the resolution professional;
- Learn how to know if the resolution professional has accepted or rejected your claim appropriately;
- Learn about who insolvency resolution professionals are and what are they supposed to do;
- Learn how to invite resolution plans from applicants from the point of view of the resolution professional and how to draft an invitation for an expression of interest;
- Learn about how resolution plans are accepted or rejected by the committee of creditors and the NCLT;
- Learn about which of the orders of the NCLT can be appealed against before the National Company Law Appellate Tribunal (NCLAT);
- Learn what is the procedure for filing an appeal before the NCLAT against the orders of the NCLT under the Companies Act, 2013 and under the Insolvency and Bankruptcy Code, 2016;
- Learn when and how a special leave petition can be filed before the Supreme Court against the orders of the NCLAT.
List of Weekly Exercises
- How to advise a client on the suitable type of company for a particular business - private, public or one person company
- Learning objective: To allow the students to gain practical understanding of the scope of various laws which may operate parallely with IBC and of the process and timelines under IBC.
- How to identify a suitable type of acquisition for a specific business objective;
- Draft clauses of a scheme of arrangement
- Learning objective: To understand various clauses of a scheme of arrangement under section 230 of the CA 2013
- Draft an application for convening meetings of members and creditors for approval of a scheme of arrangement
- Learning objective: To understand whether the National Company Law Tribunal is empowered to dispense with the meeting of shareholders
- Draft a petition for approval of a scheme of arrangement by NCLT
- Learning objective: To develop an understanding sub-section 9 of section 230 of the Companies Act, 2013 read with Rule 5(a) of the Compromises, Arrangement and Amalgamation Rules, 2016 (CAA Rules);
- How to identify the best method to close down a company
- Learning objective:To provide an insight into the different methods available for closing down a company and how to choose the best method
- Draft a reply to a strike off notice from the Registrar of Companies
- Learning objective: To learn Section 248 to 252 of the Companies Act, 2013 (‘Act’) provides the procedure of striking off company names by the ROC or voluntary by the company.
- Draft an appeal for the revival or restoration of companies
- Learning objective: To understand the limitation period within which an appeal to restore the company may be made to the National Company Law Tribunal.
- Draft special resolution and petition for winding up of a company
- Learning objective: To provide an insight into different methods available for closing down a company and how to choose the best among those methods;
- How to identify features of different types of securities and what to check in an audit for the transfer of shares
- Learning objective: To understand the instruments of transfer as given under the companies (Share Capital and Debenture Rules, 2014)
- Draft an appeal against refusal to register the transfer of shares under Section 58
- Learning objective: To learn the circumstances under which a company can refuse to register transfer of shares
- Draft an application for rectification of register of members under Section 59
- Learning objective: To understand Section 56(4) of the Companies Act, 2013 which is with respect to the certification for both transferred and transmitted securities
- Draft an application for cancellation of variation of rights
- Draft a petition for approval of a scheme involving reduction of capital;
- How to advise a client on the appointment, powers and liabilities of directors;
- How to advise a client on eligibility and restrictions on managerial remuneration;
- Draft notice / agenda / resolutions for board and general meetings;
- Draft an application for directions to convene an AGM;
- Draft a petition against oppression and mismanagement;
- Draft written arguments to be presented on behalf of a petitioner in a case of oppression and mismanagement;
- Draft a reply to a petition against oppression and mismanagement;
- Draft an application for directing an investigation into the affairs of a company;
- Find out different items from the financial statements of a listed company;
- Draft an application for the re-opening and recasting of financial statements;
- Draft an application for compounding of offences under the Companies Act, 2013;
- How to identify a suitable method for the recovery of debt from among SARFAESI, RDBA or IBC;
- Draw a flowchart for the process to be followed under the IBC
- Learning objective: To understand flow of the entire procedure in sequence
- Draft a demand notice from an operational creditor
- Draft an application to initiate insolvency by an operational creditor
- Learning objective: To draft a demand notice under Section 8 of the Insolvency and Bankruptcy Code and to draft an application to initiate insolvency under Section 9 of the Code.;
- Draft a proof of claim on behalf of a financial creditor and on behalf of a class of employees
- Learning objective: To understand the participation of different types of creditors in the corporate insolvency resolution process
- Draft a public announcement on behalf of the Resolution Professional (RP)
- To understand the tasks of the RP including releasing public announcement, informing courts about moratorium and seeking extension of CIRP
- Draft an application to NCLT on behalf of Resolution Professional (RP) for seeking extension of time period for corporate insolvency resolution process
- Learning objective: To draft an application on behalf of the RP seeking an extension of the CIRP timeline
- Draft a reasoned letter of rejection of claim on behalf of IRP
- Learning objective: To understand the scope and practical aspects of the duties of the IRP;
- Draft an application to NCLT challenging rejection of claim by the IRP
- Learning objective: To learn how to draft an application challenging the resolution professional’s rejection of a claim;
- Draft a resolution plan under IBC with specific details
- Learning objective: To grasp the drafting skills needed to present the resolution plan approved by a committee of creditors before the NCLT; and
- To understand the procedure where no resolution plan has been approved
- Draft an application for presenting resolution plan before the NCLT
- Learning objective: To grasp the drafting skills needed to present the resolution plan approved by a committee of creditors before the NCLT;
- Draft an application for initiating liquidation of the Company;
- Draft an application to initiate insolvency by the financial creditor of a company
- Learning objective: To draft an application under Section 7 of the Insolvency and Bankruptcy Code.;
- Draft an application to initiate insolvency by a corporate debtor
- Learning objective: To understand the process of initiation of insolvency resolution process by the corporate applicant and the prerequisites thereto
- How to identify whether or not specific resolution applicants are eligible to submit a resolution plan;
- Draft the instructions for electronic voting at the meeting of Committee of Creditors;
- Draft an application to NCLT for the replacement of IRP;
- Draft a letter to a creditor explaining the set off of dues and moratorium;
- Draft a letter for obtaining custody of property owned by corporate debtor during moratorium
- How to identify suspicious transactions and their consequences on erstwhile management and resolution professional;
- Draft an appeal to the NCLAT from the orders of the NCLT under the Companies Act, 2013
- Draft an appeal to the NCLAT from the orders of the NCLT under the IBC
- Learning objective: To learn how to draft an appeal to the National Company Law Appellate Tribunal
- Identify a Suitable method for transfer and acquihire transactions
- Learning objective: To learn what an acquihire transaction is and understand how it is carried out.
- Disqualification of the Directors
- Learning objective: To understand the grounds for and extent of the disqualification of directors and to understand the Forum in which such disqualification can be challenged or reversed
- Exercises on Drafting an invitation for expression of interest
- Learning objective: To understand the drafting of an invitation for EoI will enlighten students about one of the most important responsibilities of the RP and about the skill of drafting using the format provided under the regulations framed under the IBC.
- Exercises on Identifying avoidable transactions and its consequences
- Learning objective: Understand the impact of avoidable transactions on the CIRP process, the erstwhile management, and the resolutional professionals
- Exercises on Personal Guarantor and Corporate Guarantor
- Learning objective: To learn the practicality of the Insolvency Resolution Process against the Personal Guarantor and the possible defences they can take for the same
- Exercises on Closing down a company and winding up under Companies Act, 2013
- Learning objective: To provide an insight into different methods available for closing down a company and how to choose the best among those methods;
- Exercises on initiation of insolvency proceedings by homebuyers
- Learning objective: To understand the entitlement of the homebuyers to initiate insolvency proceedings against the builders / developers;
- Exercises on Conduct of Insolvency Professionals
- Learning objective: To be able to understand the conduct expected of an Insolvency Professional under the Insolvency and Bankruptcy Code, 2016 and the rules and regulations made thereunder.
- To be able to prepare strategies against and in favour of the defaulter i.e. Insolvency Professional who is in contravention of the Code of Conduct envisaged in the Insolvency and Bankruptcy Board of India (Insolvency Professionals) Regulations, 2016
Industry Academia Panel

ABHYUDAY AGARWAL,
COO and Co-Founder

PAYOJA GANDHI,
Senior Associate, Mankava & Banerjee

UJJAWAL SATSANGI,
Advocate, High Court, Allahabad

VISHAKHA GUPTA,
Litigator, Former Associate at Trilegal
Here are some of our faculty members
Syllabus
JURISDICTION OF NCLT UNDER COMPANY LAW 
A primer on matters which can be dealt with by NCLT
Constitution and composition of NCLT
Commercial advantages of transferring matters to NCLT
Bar of jurisdiction of other forums on matters which can be dealt with by the NCLT
Matters which come up most frequently before the NCLT under the Companies Act, 2013 and matters where there is a possible alternative to bringing it before the NCLT
A comprehensive list of powers of the NCLT
How relevant is ‘court craft’ in appearing before the NCLT
Importance of learning and developing ‘court craft
Pointers for drafting a legal opinion
Process and tools required for drafting a legal opinion on matters pertaining to NCLT.
TYPES OF COMPANIES AND MATTERS RELATING TO EXISTENCE OR DISSOLUTION OF COMPANIES 
Different types of companies: OPC, Private and Public
Different types of M&A transactions
Mergers and acquisition transactions which do not require approval of NCLT and the manner of undertaking such transactions
Transactions which require approval of NCLT and manner of undertaking such transactions
Choosing the most optimal methods based on commercial considerations
How to draft an Asset Purchase Agreement
How an Asset Purchase Agreement may achieve what is sought
Kind of clauses an Asset Purchase Agreement can contain
How to draft a Business Transfer Agreement
How can you close down a company?
Acquihire Transactions
Structure and relevant considerations of Acquihire Transactions
How to draft a scheme of arrangement for mergers
How to obtain dispensation from conducting meetings of members and creditors in a scheme of arrangement
How to draft a petition to present scheme of arrangement before NCLT
Appeal for revival and restoration of companies
Drafting appeals for the restoration of companies to the register of companies
Reasons why companies are struck off the register of companies and how to avoid strike off in the first place
What are the liabilities of directors in a voluntary striking off of company name
Meaning of voluntary strike-off
Procedure of voluntary strike-off
Position of company after strike-off
Voluntary winding up of companies
Meaning of voluntary winding up
When voluntary winding up is advisable
Who can decide to voluntarily wind up a company
Initiation of corporate insolvency resolution process by corporate applicant
Causes why a company would initiate its own insolvency
Cases where a company cannot file for its own insolvency
Prerequisites for a company to initiate its own insolvency resolution process
How NCLT deals with a Section 10 Application
How to choose between winding up and liquidation
Initiation of insolvency proceedings by homebuyers
How homebuyers are treated under the Insolvency and Bankruptcy Code, 2016
Identifying relevant forum for homebuyers to approach
Provisions with respect to homebuyers under the Insolvency and Bankruptcy Code, 2016
Reverse corporate insolvency resolution process and how it relates to homebuyers
Sample Documents
Asset Purchase Agreement
Business Transfer Agreement
Checklist: Buying a business
Scheme of Amalgamation
Application to NCLT for dispensing with holding meetings of members
Petition to NCLT for approving scheme of arrangement
Index: Appeal for revival
Memorandum: Appeal for Revival
BASIC CONCEPTS OF SECURITIES AND MATTERS RELATED TO CHANGE IN CAPITAL 
Registers and Records required to be maintained by the company
Types of securities
Different types of securities which may be dealt with in the capital markets
Different types of securities which may be issued by a company
Features of different types of securities issued by a company
Transfer of shares and other securities
Process of share transfers in different types of companies
Advising founders or investors about the implementation of the provisions related to share transfers as contained in the shareholders agreement
Verifying share transactions of a company
Appeal under Section 58 and Application under Section 59
Appeals related to refusal to register transfer, and illegal allotments
Relevance and pitfalls of drafting such Appeals and Applications
What is capital reduction and how is it carried out?
Difference between capital reduction, buy-back as well as capital reduction as part of a scheme of arrangement
BASIC CONCEPTS RELATED TO THE MANAGEMENT OF COMPANIES AND MATTERS RELATED TO OPPRESSION AND MISMANAGEMENT 
Relevance of Directors and their types
Types of directors and their liabilities
Board meetings - legal and best practice aspects
Law relating to board meetings and procedures thereof
Verifying validity or otherwise of transactions in a company
Shareholder meetings: legal and governance aspects
How to draft an application to NCLT for direction to convene the annual general meeting of a company
When and how can you file a petition for oppression and mismanagement?
How to draft a petition to NCLT against acts of oppression and mismanagement
Video: Terms of reference of the Board and Committees
Video: Key Managerial Personnel
Meetings - Board and Shareholders
Sample Documents
Petition to NCLT against oppression and mismanagement
Petition to High Court against disqualification of director
OTHER MATTERS ADJUDICATED BY NCLT 
Who can make an application for reopening and revision of financial statements?
Which offences can be compounded by NCLT and how?
Role of NCLT in Investigations under the Companies Act
OVERVIEW OF INSOLVENCY LAWS IN INDIA 
Why was IBC introduced and how is it different from the former regime?
Understanding of concepts such as Insolvency, Bankruptcy, Moratorium, Liquidation and Insolvency Resolution Process
Insolvency and Bankruptcy Code (Amendment) Act, 2019
Insolvency resolution process for corporates under IBC
Who can initiate corporate insolvency resolution process
Consequences of admitting application of insolvency including moratorium and constitution of committee of creditors
Financial creditors Vs. Operational Creditors
Classification of creditors
Ability to start insolvency proceedings
Insolvency resolution process initiated by creditors
Liquidation waterfall and asset distribution
Note: A glossary of key terms under IBC
Career opportunities under IBC
Being an insolvency professional
Teaming with a resolution professional
Being a specialized insolvency lawyer
INITIATION OF INSOLVENCY BY A FINANCIAL CREDITOR 
Video: Who is a financial creditor?
Video: What is financial debt?
Initiation of insolvency by financial creditors
Meaning of ‘financial debt’ and ‘financial creditor’ as provided under the Code
Differences in the position of secured creditors vis-a-vis unsecured creditors
Notifications and amendments released by the Government in view of the Covid-19 pandemic and their impact on the corporate insolvency resolution process
Whether an assignee of a debt can use the IBC process
Constitutional aspects pertaining to Section 7 of the Code
Applicability of the Limitation Act, 1963 to IBC proceedings
How to draft an application to initiate insolvency by a financial creditor
Applicable rules and regulations
Creating checklist of requisite documents
Understanding the relevant jurisprudence
Sample: Application by a financial creditor to initiate corporate insolvency resolution process
Sample: Reply to a Section 7 application
Advanced case laws: Who is a financial creditor?
INITIATION OF INSOLVENCY AS AN OPERATIONAL CREDITORS 
Video: Who is an operational creditor?
Initiation of insolvency by operational creditors
Transactions which can be classified as ‘operational debt’
Prerequisites before an operational creditor becomes eligible to initiate insolvency proceedings
Notifications and amendments released by the Government in view of the Covid-19 pandemic and their impact on the corporate insolvency resolution process
How to draft an application to initiate insolvency by operational creditors
Gathering necessary information for drafting section 9 application
Format of application
Nach Baliye program case study and existence of dispute
The fate of an operational creditor: a brief update
Sample: Form 3: Format of a demand notice
INITIATION OF INSOLVENCY BY CORPORATE DEBTOR 
Initiation of corporate insolvency resolution process by corporate debtor
How to draft an application to initiate insolvency resolution process by a corporate debtor
AFTERMATH OF FILING AN APPLICATION FOR INITIATION OF INSOLVENCY 
Role of NCLT in insolvency cases
Consequences of admission of an application to initiate insolvency
CONSTITUTION OF COMMITTEE OF CREDITORS AND FILING OF CLAIMS 
Constitution of Committee of Creditors (CoC)
Who form members of the CoC
Appointment of authorised representative to participate in CoC
Position where there are no financial creditors of a corporate debtor
How to file claims with the Interim Resolution Professional (IRP)/Resolution Profession (RP)
Who can file proof of claim
Prerequisites for filing a claim
Drafting proof of claim
Relevant evidence for existence of debt
Sample: Special power of attorney
ADMISSION / REJECTION OF CLAIMS 
How are claims admitted / rejected by the insolvency resolution professional?
Verification of claims by insolvency resolution professional
Consequences of admission or rejection of a claim
Challenging rejection of claim before the NCLT
Application under Section 60(5) of the Insolvency and Bankruptcy Code
MEETINGS OF COC AND THEIR DUTIES 
How does the CoC work and decide matters?
ROLE AND DUTIES OF THE RESOLUTION PROFESSIONAL 
What are the roles and duties of the resolution professional
INVITING PROSPECTIVE RESOLUTION APPLICANTS 
How to invite resolution plans from prospective resolution applicants?
Drafting invitations for expression of interest
Section 29A and case study of Essar Steel insolvency
APPROVAL / REJECTION OF RESOLUTION PLAN BY COMMITTEE OF CREDITORS (COC) 
Approval or rejection of resolution plan by CoC
Takeaway: Information Memorandum
Takeaway: Annex: Resolution Plan: Process Memorandum
Sample: Information Memorandum
Annex: Resolution Plan: Process Memorandum
APPROVAL / REJECTION OF RESOLUTION PLAN BY NCLT 
NCLT proceedings for approval or rejection of resolution plan
Liquidation
APPEALS FROM NCLT ORDERS UNDER COMPANIES ACT AND IBC TO NCLAT 
Composition and jurisdiction of National Company Law Appellate Tribunal (NCLAT)
How to file an appeal before the NCLAT from the orders of NCLT under Section 421 of the Companies Act, 2013
How to file an appeal before the NCLAT against the order of the Adjudicating Authority under Section 61 of the Insolvency and Bankruptcy Code, 2016
FILING A SPECIAL LEAVE PETITION BEFORE THE SUPREME COURT 
How to file a Civil Appeal before the Supreme Court under Section 62 of the of the Insolvency and Bankruptcy Code, 2016
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