valid as on 30/09/2020

27.3.84 National Company Law Tribunal Rules, 2016

84. Right to apply under section 245.-

(1) An application under sub-section (1) of section 245, read with sub-section (3) of section 245 of the Act. shall be filled in .

(2) A copy of every application under sub-rule (1) shall be served on the company, other respondents and all such persons as the Tribunal may direct.

 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 per cent. 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. of the issued share capital of the company, in case of a listed company.

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.

To view the return,Click Here
Inserted vide the National Company Law Tribunal (Second Amendment) Rules, 2019 dated 08.05.2019. To view the Notification, Click Here.
Inserted vide the National Company Law Tribunal (Second Amendment) Rules, 2019 dated 08.05.2019. To view the Notification, Click Here.

The National Company Law Tribunal (Second Amendment) Rules, 2019 dated 08.05.2019


Form NCLT 9- General Application to the tribunal


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