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.
In abated search assessments u/s 153A, AO’s investigative powers are wide and are not restricted to "incriminating material” only –…
Supreme Court declines to entertain SLP due to constitution of the GST Appellate Tribunal In a recent judgment, Hon'ble Supreme…
After notice u/s 143(2) is issued in scrutiny proceedings, summary processing u/s 143(1) is not permissible - ITAT In a…
Assessment Order without digital or manual signature is non-est and illegal In a recent judgment, Delhi ITAT has held that…
Once assessee filed ITR, in response to the notice u/s 148 of the Act, even beyond time prescribed, Assessing Officer…
Petitioner was not disqualified in tender for submitting EMD by way of Fixed Deposit in place of Demand Draft -…