Rules 66 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Rule 66 provides for an application to the Tribunal against a company that was incorporated by false or incorrect information or fraud, under section 7(7) of the Act. Rule 67 provides for a petition under section 2(41) on a company's financial year. Rule 67 now matters only for pending cases, because the power under section 2(41) has since moved to the Central Government.
An application under section 7(7) is filed in Form NCLT-1 with the documents in Annexure B (rule 66(1)). It sets out the company's details, the false or incorrect information or suppressed facts, the documents filed for incorporation and the involvement of promoters, subscribers and first directors in any fraud (rule 66(2)). The Tribunal may pass orders under clauses (a) to (e) of section 7(7), subject to its proviso (rule 66(3)). A petition under section 2(41) is filed in Form NCLT-1 with Annexure B documents (rule 67), but section 2(41) now allows a different financial year through the Central Government, and only applications pending before the Tribunal on the commencement of the Companies (Amendment) Act, 2019 stay with the Tribunal. Read as amended up to the National Company Law Tribunal (Amendment) Rules, 2020 (G.S.R. 80(E), 3 February 2020); these rules were not amended. Later amendments should be checked.
Rule 66: application under sub-section (7) of section 7
Rule 66(1): form and documents
An application under section 7(7) is filed to the Tribunal in Form NCLT-1, accompanied by the documents listed in Annexure B. For the incorporation provisions, see our guide to section 7 and the post on rejection under the section 7 proviso. If your company's incorporation papers are under challenge, our compliance advisory team can help you review them.
Rule 66(2): particulars
Every application sets out:
- (a) the name of the company and other details, including the date of incorporation and the name and address of the subscribers, promoters and first directors;
- (b) details of the false or incorrect information or representation, or the material facts or information suppressed;
- (c) details of the documents in or declaration filed or made for incorporating the company; and
- (d) the involvement of the promoters, subscribers and first directors in committing fraud during incorporation.
Rule 66(3): orders
Subject to the proviso to section 7(7), the Tribunal may pass such orders as it thinks fit in accordance with clauses (a) to (e) of that sub-section. The Rules do not restate those clauses; read them in the Act.
Rule 67: petition under sub-section (41) of section 2
"The Petition under the sub-section (41) of Section 2 be filed to the Tribunal in Form NCLT-1 and shall be accompanied by such documents as are mentioned in Annexure B." That is the whole rule.
What has changed. Section 2(41) of the Act now provides that a different financial year is allowed by the Central Government, and only applications pending before the Tribunal on the commencement of the Companies (Amendment) Act, 2019 stay with the Tribunal. Rule 67, serial number 1 of the Schedule of Fees and serial number 1 of Annexure B therefore matter now only for applications pending on that date. For the current route, see the incorporation rule on change in financial year: Rule 40 of the Companies (Incorporation) Rules, 2014. The definition itself is in our guide to section 2.
Annexure B: serials 1 and 2
Serial number 1: section 2(41), application for change in financial year
- Copy of the memorandum and articles of association.
- Copy of balance sheet of companies.
- Affidavit verifying the petition.
- Bank draft evidencing payment of application fee.
- Memorandum of appearance with copy of the Board Resolution or the executed Vakalatnama, as the case may be.
Serial number 2: section 7(7), application where company incorporated by furnishing false or incorrect information or fraudulent action
- Copy of the memorandum and articles of association.
- Document in proof of false or incorrect information or fraudulent action.
- Affidavit verifying the petition.
- Bank draft evidencing payment of application fee.
- Memorandum of appearance with copy of the Board Resolution or the executed Vakalatnama, as the case may be.
The fee for each is in the Schedule of Fees, as per the article on rule 112 and the Schedule of Fees. The full list of Annexure B documents is in the Annexure B article, part 1.
Rules 66 and 67 at a glance
| Item | Section | Form | Particulars or documents | Status |
|---|---|---|---|---|
| Rule 66 | 7(7) | NCLT-1 | Company details, false information, incorporation documents, promoters' involvement; Annexure B serial 2 | In use under the Rules |
| Rule 67 | 2(41) | NCLT-1 | Annexure B serial 1 | Only for applications pending when the Companies (Amendment) Act, 2019 commenced |
An example
The Registrar's file shows that Delta Ventures Private Limited was incorporated on a forged address proof. An application under section 7(7) is filed in Form NCLT-1 naming the subscribers and first directors, describing the false information, listing the incorporation documents, and attaching the Annexure B documents. Separately, a company that wants a different financial year no longer applies to the Tribunal under rule 67; it follows the Central Government route.
What a practitioner checks
- That the application is in Form NCLT-1 with every Annexure B document for serial 2.
- That it states the false or incorrect information and the persons involved, as rule 66(2) requires.
- That the orders sought fall within clauses (a) to (e) of section 7(7), and the proviso is considered.
- For a financial year change, whether the matter is pending from before the commencement of the Companies (Amendment) Act, 2019.
Need help with an incorporation challenge or a financial year change?
The application has to set out the false information and the persons involved with documents attached. For help reviewing incorporation papers or choosing the right route for a financial year change, speak to our compliance advisory team.
Key takeaways
- An application under section 7(7) is in Form NCLT-1 with Annexure B documents (rule 66(1)).
- It states the false or incorrect information, suppressed facts, incorporation documents and the promoters' and directors' involvement (rule 66(2)).
- The Tribunal may pass orders in accordance with clauses (a) to (e) of section 7(7) (rule 66(3)).
- Rule 67 on section 2(41) matters now only for pending applications, as the power has moved to the Central Government.
Read next
- Rule 68: conversion of a public company into a private company
- Annexure B, part 1: documents to attach
- Rule 112 and the Schedule of Fees
- Section 7: incorporation
Disclaimer: Based on the National Company Law Tribunal Rules, 2016 (G.S.R. 716(E)) as amended up to the National Company Law Tribunal (Amendment) Rules, 2020 (G.S.R. 80(E)), consulted on 3 October 2026. Later amendments, fees, forms, NCLT practice directions and the Companies Act, 2013 provisions referred to should be checked. This article is general information, not legal advice; check the official text before acting.