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

  • ICSI

Empanelment of General Observers for ICSI Examinations December 2026. Last date 16.11.2026

Empanelment of General Observers for ICSI Examinations December 2026 ICSI has invited interested members to enroll as General Observers for…

11 hours ago
  • Income Tax

ITAT address some important issues relating to deduction u/s 80IA

ITAT answers some important and inter-related issues relating to deduction u/s 80IA In a recent judgment, ITAT has dealt with…

13 hours ago
  • Income Tax

Mere carry forward of loss can not be denied for belated return – ITAT

Carry forward of loss can not be denied for belated return, it is only the set off in subsequent year…

1 week ago
  • Income Tax

Sales duly recorded in books & VAT returns, can’t be held bogus without cogent adverse material

Where sales are duly recorded in books and VAT returns, to treat it bogus sales, AO must bringing cogent adverse…

2 weeks ago
  • Income Tax

ITAT allows Diwali expenses incurred by assessee as business expenses

Expenses to celebrate Diwali with staff creates a goodwill and, therefore amounts to expenses incurred for the purpose of business…

2 weeks ago
  • Income Tax

Section 292BB does not bar assessee to raise objection for non issuance of notice u/s 143(2) – SC

Section 292BB of the Income Tax Act, 1961 does not preclude Assessee raising objection for non issuance of notice u/s…

2 weeks ago