Companies Act

Application for takeover offer of unlisted company to NCLT. Fees and documents to be sent

Application for takeover offer of unlisted company to NCLT. Fees and documents to be sent

Government of India
Ministry of Corporate Affairs
Notification

New Delhi, dated the 3rd February, 2020

G.S.R._ (E).- In exercise of the powers conferred by sub-section (1) and sub-section (2) of section 469 read with section 230 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules further to amend the National Company Law Tribunal Rules,2016, namely:_

1. Short title and commencement.- (1) These rules may be called the National Company Law Tribunal (Amendment) Rules, 2020.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the National Company Law Tribunal Rules, 2016 (hereinafter referred to as the principal rules), after rule 80, the following rule shall be inserted, namely:-

80A Application under section 230. – An application under sub-section (12) of section 230 may be made in Form NCLT-1 and shall be accompanied with such documents as are mentioned in Annexure B.”.

3. In the principal rules, in the SCHEDULE OF FEES, after S.No.22 and the entries relating thereto, the following shall be inserted, namely:-

“22A Sec
230(12)
Application in cases of takeover
offer of companies which are not listed
Rs. 5000″

4. In the principal rules, in Annesure-A under the heading Form No. letter NCLT 1, after the figure ’80’, the figure and letter “80A” shall be inserted. 

5. In the principal rules, in Annexure-B, after S. No.12 and the entries relating thereto, the following S.No. shall be inserted, namely:-

“12A Sec
230(12)
Application in cases of
takeover offer of companies
which are not listed.

l. Affidavit
verifying the
petition

2. Memorandum
of appearance
with copy of the
Board’s
Resolution or the
executed
vakalatnama, as
the case may be.

3. Documents in
support of the
grievance against
the takeover.

4. Any other
relevant
document.”

[ F. No. 1/30/2013-CLV]

(K V R Murty)
Joint Secretary to the Government of India

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