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        Corp. Laws, SEBI & IBC

        Removal of Companies from the Blacklist

        March 17, 2015

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        There is no provision in the Companies Act, 2013 for blacklisting of Companies.

         Inputs have been received from Ministry of Defence regarding twelve companies with which business dealings have been suspended.

         Ministry of Defence has stated that none of these companies has been removed from the list of barred companies and no contracts for capital procurement have been signed with the firms debarred from further business dealing by Ministry of Defence after the issue of the debarment orders.

         This was stated by Shri Arun Jaitley, Minister of Corporate Affairs in written reply to a question in the Rajya Sabha today.

        No statutory blacklisting under the Companies Act: debarment prevents awarding contracts after administrative exclusion. No provision exists in the Companies Act, 2013 for formal blacklisting of companies; the statute is silent on a statutory mechanism to list or remove barred firms. Administrative debarment has led to suspension of business dealings with twelve firms, none of which has been removed from the barred list and no capital procurement contracts have been signed with them after debarment.
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                              No statutory blacklisting under the Companies Act: debarment prevents awarding contracts after administrative exclusion.

                              No provision exists in the Companies Act, 2013 for formal blacklisting of companies; the statute is silent on a statutory mechanism to list or remove barred firms. Administrative debarment has led to suspension of business dealings with twelve firms, none of which has been removed from the barred list and no capital procurement contracts have been signed with them after debarment.





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                              ActsIncome Tax
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