A shareholder in Australia can petition the National Company Law Tribunal under sections 241 and 242 of the Companies Act 2013 against oppression and mismanagement, or under section 59 to rectify the register. The verifying affidavit is signed before an Australian notary and apostilled by DFAT. Your advocate appears at hearings, and the Tribunal can set aside allotments, restore directorships or order a buy-out.
- Document route
- Australian notary public, then apostille from DFAT
- Time difference
- Australia is 2h30 (Perth) to 5h30 (Sydney and Melbourne in summer) ahead of IST
- Law
- Companies Act 2013, sections 241 to 246
- Forum
- NCLT bench of the registered office state
Shareholder Disputes & NCLT from Australia: how it works
We download the company's filings from the MCA portal and compare them with your records, looking for allotments, resignations and meetings held without notice. A notice seeking inspection of registers and minutes is sent. The petition is drafted around the documented acts and supported by your emails and old company papers.
The petition is filed with the bench for the company's registered office. If the challenged allotment reduced you below 10 per cent, we seek a waiver. Interim relief can freeze further allotments or asset sales. Buy-outs at fair value are a common outcome, after which money can be remitted to Australia subject to FEMA compliance. NCLT benches encourage mediation in family company disputes, and a settlement reached there is recorded in the Tribunal's order. Appeals go to the Appellate Tribunal in New Delhi or Chennai within 45 days, and we advise you honestly on whether an appeal is worth pursuing.
What clients in Australia should know
- Act promptly; the Limitation Act applies to NCLT petitions.
- Notices sent to an old Indian address are often used to justify meetings held without you; keep your current address on record.
- Gains from a buy-out are assessable in Australia, with credit for Indian tax.
Step by step from Australia
Video consultation
A call at a time that suits Australia, after we have read your documents.
Documents signed in Australia
Australian notary public, then apostille from DFAT
Work in India
Our team files, appears and follows up in India, and shares scans of everything filed.
Result and handover
Certified copies and originals are couriered to you in Australia where needed.
The full guide
This page covers what changes when you are in Australia. For the law, the documents and the step-by-step procedure, read our main page on Shareholder Disputes & NCLT, or see all services for clients in Australia and the Disputes & Enforcement practice area.
Questions from clients in Australia
Can I attend by video?
NCLT benches run hybrid hearings and you can join by video when required, although your advocate handles the arguments and most procedural dates without you.
What if I inherited the shares?
We secure transmission or seek rectification under section 59 before or alongside the petition.
Can the NCLT order a buy-out?
Yes, at a fair value, usually fixed by an independent valuer.