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.

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