A UK resident 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 attested by a UK notary and apostilled by the FCDO. Your Indian advocate appears at hearings, and the Tribunal can set aside allotments, restore your directorship or order a buy-out.
- Document route
- UK notary public, then FCDO apostille
- Time difference
- IST is 4h30 (BST) to 5h30 (GMT) ahead
- Law
- Companies Act 2013, sections 241 to 246
- Forum
- NCLT bench of the registered office state
Shareholder Disputes & NCLT from the UK: how it works
We obtain every filing from the MCA portal, which is India's equivalent of Companies House, and compare it with what you knew. Allotment returns, director change forms and annual returns usually show when and how you were sidelined. We send a notice seeking inspection of registers and minutes, then draft the petition with the documents laid out clearly.
The petition goes to the bench for the company's registered office, such as Ahmedabad for Gujarat or Chandigarh for Punjab. If the allotment you challenge has reduced you below 10 per cent, we seek a waiver. Interim orders can stop further allotments or asset transfers. A fair-value buy-out is a common outcome, after which the price can be remitted to the UK subject to FEMA compliance. Where both sides prefer a quicker exit, the Tribunal can also refer the parties to mediation, and a settlement recorded there is binding.
What clients in the UK should know
- Limitation applies to NCLT petitions; act once you learn of the problem.
- Keep emails and messages about meetings; notice of meetings sent to an old Indian address is often an issue.
- A buy-out gain is reportable to HMRC, with credit for Indian tax.
Step by step from the UK
Video consultation
A call at a time that suits the UK, after we have read your documents.
Documents signed in the UK
UK notary public, then FCDO apostille
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 the UK where needed.
The full guide
This page covers what changes when you are in the UK. 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 the UK and the Disputes & Enforcement practice area.
Questions from clients in the UK
Is the NCLT like the Companies Court in England?
Broadly. It hears company law disputes including unfair prejudice style claims, called oppression and mismanagement in India.
Can I attend by video?
NCLT benches conduct hybrid hearings, and you can join by video when needed.
Can inherited shares be claimed?
Yes, by transmission through the company, and by rectification before the NCLT if the company refuses.