Companies Act

The National Company Law Tribunal (2nd Amendment) Rules, 2019

the National Company Law Tribunal (Second Amendment) Rules, 2019-the requisite number of members/depositors to file application u/s 245(1)

Ministry of Corporate Affairs

NOTIFICATION

New Delhi, dated the 08 May, 2019

G.S.R-(E).- In exercise of the Powers conferred by sub-section (1). and sub section (2) of section 469 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. (1) These rules may be called the National Company Law Tribunal (Second Amendment) Rules, 2019.

(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), in rule 84, after sub-rule (2), the following sub rules shall be inserted, namely: –

“(3) In case of a company having a share capital, the requisite number of member or members to file an application under sub-section (1) of section 245 shall be –

(i) (a) at least five percent. of the total number of members of the company;

or

(b) one hundred members of the company,

whichever is less; or

(ii) (a) member or members holding not less than five per cent of  the issued share capital of the company, in case of an unlisted company;

(b) member or members holding not less than two per cent abcaus.in of the issued share capital of the company, in case of a listed company.

(4 ) The requisite number of depositor or depositors to file an application under sub-section (1) of section 245 shall be –

(i) (a) at least five per cent. of the total number of depositors of the company; or

(b) one hundred depositors of the company,

whichever is less; or;

(ii) depositor or depositors to whom the company owes five per cent of total deposits of the company.”

3. In the principal rules, in the schedule of fees, serial No. 28 shall be
omitted.

[F. No. 1/30/2013 CL.V]

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

Note:- The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, sub-section (i) vide number G.S.R. 71.6(E), dated the 21st July, 2016 and were last amended vide notification number G.S.R. 29 (E) dated 15th January, 2019.

Download Notification Click Here >>

 

Share

Recent Posts

  • Income Tax

Allowability of depreciation on highway project awarded on DBOT basis

ITAT allows depreciation on highway project awarded on DBOT basis In a recent judgment, ITAT Delhi allows depreciation on highway…

4 hours ago
  • Income Tax

Once assessee satisfies conditions u/s 270AA, AO is bound to grant immunity

Once assessee satisfies conditions mentioned in section 270AA, the Assessing Officer would be bound to grant immunity In a recent…

6 hours ago
  • CA CS CMA

NTPC invites applications from CA/CMA as Executive Trainee. Last date: 27.01.2026

NTPC invited applications from CA/CMA as young professionals to join NTPC Projects/Stations as Executive Trainee, Finance. NTPC Limited has invited…

7 hours ago
  • GST

Allahabad HC disposes GST appeals as functioning of GST Tribunal put to motion

Allahabad High Court disposes GST appeals observing that the functioning of GST Appellate Tribunal are put to motion Allahabad High…

8 hours ago
  • Income Tax

Date of dispatch of notice as per ITBA portal and date of email may not be same – ITAT

Date of dispatch of notice as per ITBA portal and date of communication by email may not necessarily be the…

8 hours ago
  • GST

Assignment of leasehold rights not amount to supply of service under GST Act.

In a recent judgment, Bombay High Court held that assignment of leasehold rights for consideration would not amount to supply…

11 hours ago