Company Secretary by profession
teaching being a passion 
endeavour to spread best of my knowledge  

Isha Jain

In this course, the educator discusses the revival & rehabilitation of companies 
 section 253-269 of companies act ,2013 helpful for UPSC Aspirants.

Choose from the various concepts taught in a comprehensible way for students looking to strengthen their CA preparation.

CA Foundation

Hindi

(Hindi) Revival and Rehabilitation of Companies

Company Law

Corporate and Economic laws

CA Final Group 1

CA, CS, and CMA

Ace the toughest competitive and government exams in India 

Test Preparation

Determination of sickness 
Section 253 of companies act,2013

Part-1 Revival and Rehabilitation of Companies (in Hindi)

Revival & rehabilitation of companies part 3 
Section 257-261

Part-3 Revival and Rehabilitation of Companies (in Hindi)

Revival & rehabilitation of companies part 2 
Sec 254
Application for revival& rehabilitation
Sec 255 
Exclusion of certain time
Sec 256
Appointment of administrator

Revival & Rehabilitation of companies part-2 ( in hindi)

Detail exposure of section 262 of companies act 2013 
 
Sec 262 (1)  creditors meeting within 60 days of appointment of administrator 
 
Sec262(2) approval from 3/4th in value of secured creditor + 1/4th in value of unsecured creditors + if scheme ask for amalgamation then shareholders of both companies by passing special resolution

Sec 262(3) draft scheme shall be send to sick co, transfree co ( if scheme of amalgamation allows for)
  + Publish in daily newspaper and ask for suggestions 

Sec 262(4) if scheme is approved by all then tribunal shall sanction the scheme within 60 days

Sec 262(5) transfer assets and liabilities if sanctioned scheme ask for

Sec 262(6) tribunal may review sanctioned scheme and may order administrator to modify and prepare New scheme

Sec 262(7) sanctioned scheme act as an conclusive evidence for all legal proceedings

Sec 262(8) sanctioned scheme shall be filed within 30days by sick co to Roc

Part-4 Revival & Rehabilitation of Companies ( in hindi)

Sec 263 sanctioned scheme will bind to sick co,transfree co, creditors, employees, guarantor of such co

Sec 264 implementation  of scheme

Sec 264(1) tribunal has power to enforce, modify ,or terminate any contact or agreement for effective implementation of scheme

Sec 264(2) tribunal may order companies administrator to stay till the sanctioned scheme is implemented and furnish report periodically

Sec 264(3) the sale proceedings of whole or substantial part of assets as tribunal directs 
Provided that debtor and creditor can scrutinize and appeal for review before fixing of value

Sec264(4) if difficulty occur in implementation then administrator or sick co or secured creditor or transfree co make an application to tribunal for modification or winding up

Sec264(5) on receiving application u/s 264(4) tribunal order for modification or winding up as a case may be within 30 days of such receipt

Sec 264(6) if secured creditor i.e 3/4th in value make comes under sec 13 (4) of  SARFEASI ACT,2002 then such application shall be abated

Sec 265 if scheme is not approved u/s 262(2) then administrator shall convey to tribunal within 15 days 
And tribunal shall order for winding up of company

Part -5 Revival & Rehabilitation of Companies (in Hindi)

Sec 266 Power of Tribunal to assess damages against delinquent directors, etc
 (1) If, in the course of the scrutiny or implementation of any scheme or proposal including the draft scheme or proposal, it appears to the Tribunal that any person who has taken part in the promotion, formation or management of the sick company or its undertaking, including any director, manager, officer or employee of the sick company who are or have been in employment of such company,— (a) has misapplied or retained, or become liable or accountable for, any money or property of the sick company; or 
(b) has been guilty of any misfeasance, malfeasance, non-feasance or breach of trust in relation to the sick company

it may, by order, direct him to repay or restore the money or property, with or without interest, as it thinks just, or to contribute such sum to the assets of the sick company or the other person, entitled thereto by way of compensation in respect of the misapplication, retainer, misfeasance, malfeasance, non-feasance or breach of trust as the Tribunal thinks just and proper: 
Provided that such direction by the Tribunal shall be without prejudice to any other legal action that may be taken against the person including any punishment for fraud in the manner as provided in section 447

Sec266(2) If the Tribunal is satisfied on the basis of the information and evidence in its possession with respect to any person who is or was a director or an officer or other employee of the sick company, that such person by himself or along with others had diverted the funds or other property of such company for any purpose other than the purposes of the company or had managed the affairs of the company in a manner highly detrimental to the interests of the company, the Tribunal shall, by order, direct the public financial institutions, scheduled banks and State level institutions not to provide, for a maximum period of ten years from the date of the order, any financial assistance to such person or any firm of which such person is a partner or any company or other body corporate of which such person is a director, by whatever name called, or to disqualify the said director, promoter, manager from being appointed as a director in any company registered under this Act for a maximum period of six years.

Sec 266(3) No order shall be made by the Tribunal under this section against any person unless such person has been given a reasonable opportunity of being heard

Sec267 Punishment for certain offences.—
 Whoever violates the provisions of this Chapter or any scheme, or any order, of the Tribunal or the Appellate Tribunal or makes a false statement or gives false evidence before the Tribunal or the Appellate Tribunal or attempts to tamper with the records of reference or appeal filed under this Act, he shall be punishable with imprisonment for a term which may extend to seven years and with fine which may extend to ten lakh rupees.

Sec 268 Bar of jurisdiction.— 
No appeal shall lie in any court or other authority and no civil court shall have any jurisdiction in respect of any matter in respect of which the Tribunal or the Appellate Tribunal is empowered by or under this Chapter and no injunction shall be granted by any court or other authority in respect of any action taken or proposed to be taken in pursuance of any power conferred by or under this Chapter.

Sec 269 Rehabilitation and insolvency fund.— 
(1) There shall be formed a Fund to be called the Rehabilitation and Insolvency Fund for the purposes of rehabilitation, revival and liquidation of the sick companies. 
(2) There shall be credited to the Fund— 
       (a) the grants made by the Central Government for the purposes of the Fund; 
        (b) the amount deposited by the companies as contribution to the Fund;
         (c) the amount given to the Fund from any other source; and 
         (d) the income from investment of the amount in the Fund.
(3) A company which has contributed any amount to the Fund shall, in the event of proceedings initiated in respect of such company under this Chapter or Chapter XX, may make an application to the Tribunal for withdrawal of funds not exceeding the amount contributed by it, for making payments to workmen, protecting the assets of the company or meeting the incidental costs during proceedings. 
(4) The Fund shall be managed by an administrator to be appointed by the Central Government in such manner as may be prescribed

Part-6 Revival & Rehabilitation Of Companies

A Passionate Teacher:- Experienced in teaching from basic to advanced level with a unique and creative methodology.

Niraj Kumar Jha

This Course is on CA Final Law (Both for Old and New Syllabus), on Special Court.

Applicable For May-20 Examination.

(Hindi) CA Final Law:- Chapter-11 Special Court

I'm passionate about teaching and I'm here.

I thank Unacademy for giving me this opportunity.

Vivek Bukka

Chapter X of Companies Act, 2013 which is Audit and Auditors along with Companies (Audit and Auditors) Rules, 2014

Audit and Auditors under Companies Act, 2013

This Course is for CA Final Paper:- 4 Chapter NCLT. (Chapter:- 12)

Applicable For Both Old and New Syllabus.

This  Chapter exam is up to 4-6 Marks in every attempt.

(Hindi) CA Final Paper 4 Law: National Company Law Tribunal (NCLT)

Chartered Accountant by profession, B.Com(Hons), Teacher by heart, passionate for startups

CA Sanket Kumar Fitkariwala

In this we will discuss Question and Answer on Appointment and Qualifications of Directors

(Hindi) Questions on Appointment and Qualifications of Directors

CA by Profession | Teacher by Passion | CA at 21 | Tremendous Academic Record 

My YouTube Channel: www.youtube.com/CAShivangiAgrawal

Shivangi Agrawal

Preliminary Provisions containing meaning, process, methods and offence of money Laundering and the starting chapters of Prevention of Money Laundering Act, 2002

(Hindi) Preliminary Provisions and Offence of Money Laundering for CA

The course will cover in detail the concepts of Arbitration and Preliminary Provisions of the Act

Lessons

6 lessons • 55m

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Part-1 Revival and Rehabilitation of Companies (in Hindi)

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Part-3 Revival and Rehabilitation of Companies (in Hindi)

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Revival & Rehabilitation of companies part-2 ( in hindi)

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Part-4 Revival & Rehabilitation of Companies ( in hindi)

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Part -5 Revival & Rehabilitation of Companies (in Hindi)

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Part-6 Revival & Rehabilitation Of Companies