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MCA vide Notification No- G.S.R. 351(E) dated 08.05.2019 has issued National Company Law Tribunal (Second Amendment) Rules, 2019.

MCA vide Notification No- G.S.R. 351(E) on Wednesday, 8th May, 2019 has issued National Company Law Tribunal (Second Amendment) Rules, 2019 to amend the National Company Law Tribunal Rules, 2016 wherein;

  • In Rule 84, after sub-rule (2), sub-rule (3) and sub-rule (4) shall be inserted:

(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 –

  • (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

  • (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 –

  • (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;

  • depositor or depositors to whom the company owes five per cent. of total deposits of the company
  • In the schedule of fees, serial No. 28 shall be omitted.

The said Notification can be accessed through the following link:MCANotf_GSR351(E)_08052019_NCLT 2nd Amend Rules 2019

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