National Company Law Tribunal And Appellate Bar Association

MEMORANDUM OF ASSOCIATION

OF

NATIONAL COMPANY LAW TRIBUNAL AND APPELLATE TRIBUNAL BAR ASSOCIATION
(A SOCIETY REGISTERED UNDER THE PROVISIONS OF SOCIETIES REGISTRATION ACT (FOR DELHI))

1. NAME

     The name of the Association shall be “THE NATIONAL COMPANY LAW TRIBUNAL AND APPELLATE TRIBUNAL BAR ASSOCIATION” (hereinafter be referred to as the Association”)

2. REGISTERED OFFICE

  1. The Registered Office of the Association will be at C-20, South Extension-2, New Delhi- 110049.
  2. The Registered Office of the Association may be relocated after the constitution of THE NATIONAL COMPANY LAW TRIBUNAL (NCLT) and / or THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL (NCLAT) under the provisions of the Companies Act, 2013, at the premises of the NCLT and/or the NCLAT, New Delhi or such other place as may be decided by the General Body of the Association.
  3. The meeting of the Association and the Committee shall, generally, be held at the registered office of the Association where all records shall also be kept.
  4. The principal place of business of the Association shall be at NCT of Delhi.

3. AIMS AND OBJECTIVES:

     The Aims and Objectives of the association are;

  1. To uphold and maintain complete independence and highest decorum before the Presiding Officer(s) and Members of the Appellate Tribunal and Tribunal and other judicial fora in general;
  2. To promote and maintain high standards of profession among members of the Association;
  3. To promote and protect the privileges, interests and prestige of the association and its members, and to promote the practicing advocates, company secretaries, chartered accountants, cost accountants, and such other professionals as may be authorized by the Companies Act and Rules made thereunder, or under any law of the land being in force at the time, to practice in and appear before the NCLT and NCLAT, and to promote the unity amongst the members of the Association;
  4. To inculcate and promote the sense of dedication to the motherland and respect for the Rule of Law;
  5. To promote and infuse the spirit of democracy in the people, and in particular, in the members of the Association ;
  6. To watch the state of law, progress of legislation and administration of justice and to take such steps as may be necessary for their compliance, progress and reform;
  7. To conduct and hold seminars, symposia, conferences on issues and topics of interest to the legal profession and to disseminate information in this behalf  through websites or internet or any other electronic mode for the benefit of the members of the Association in particular, all professionals in general, besides litigants and public at large, and to organize and maintain libraries, reading rooms, indoor and outdoor games, entertainment, dramatic performance competitions, excursions, magazines and other means of mental and physical recreation and development;
  8. To express opinion on proposed legislation and other matters of interest and to make representation in respect thereof;
  9. To take necessary steps to prevent and remedy any abuse of law or mal-administration of justice;
  10. To make representation from time to time to the authorities on matters affecting the Association;
  11. To acquire and safeguard the rights and privileges as may be necessary or convenient for the purpose of the association;
  12. To arrange for raising funds for legal aid and to do everything including applying of funds that may be necessary for implementation of the aims and objects of the Association;
  13. To make ties/tie-up and work in coordination and tandem with the professionals, professional bodies and such other bodies promoted under the statute of Parliament or the act of State Assembly or the local body or any other institution or otherwise for attainment of any or all of the objects of the Association.
  14. To promote and participate in confederation of professional associations and activities connected therewith;
  15. To adopt all such matters as might be necessary or incidental to the carrying out of the aforesaid objects;
  16. To take measures including funding and applying of funds for aid to deserving members of the Association and their families, and for the employees of the Association and their families;
  17. To promote and administer schemes for social security and the welfare of the members of the Association and their families, and for the employees of the Association and their families;
  18. To do all such other acts, deeds, matters and things as may be deemed conducive or incidental to the attainment of the foregoing objects.
  19. To act in coordination with Presiding Officer(s) and Member(s) of the NCLAT and NCLT for the welfare of the Members of the Association and other professional bodies and, for that purpose, to coordinate and invite participation of the various panels of professionals including that of Company Administrators, Company Liquidators, Registered Valuers and others as may be required under the provisions of the Companies Act, 2013.
  20. To run and maintain mediation centre for the expeditious settlement of the disputes and to impart special training to the members of the Association and to other professionals and to impart mediation related training.

4. APPLICATION OF FUNDS:

  1. The funds, income, movable, immovable properties, etc. of the Association will be applied solely for the promotion of the objects of the Association as set forth above and no portion thereof shall be paid, applied or transferred, directly or indirectly, by way of dividends, bonus or otherwise by way of profit to the members of the Association or any other person claiming through any one or more of the present or the past members.
  2. No member of the association shall have any personal claim on any movable or immovable properties of the association or make any profits, whatsoever, by virtue of this membership.

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