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 Form No. NCLT. 9.
(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.
(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 per cent. of the total number of members of the company; or
(b)
one hundred members of the company,
(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.
(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,
(ii)
depositor or depositors to whom the company owes five per cent. of total deposits of the company.
Notes, amendments & references (3)
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(3) Inserted vide the National Company Law Tribunal (Second Amendment) Rules, 2019 dated 08.05.2019. To view the Notification, Click Here .
(4) Inserted vide the National Company Law Tribunal (Second Amendment) Rules, 2019 dated 08.05.2019. To view the Notification, Click Here .