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MCA has specified the requisite number of members or depositors for applying under section 245.

MCA vide notification no F. No. 1/30/2013 CL.V dated 8th May,2019 has specified the requisite number of members or depositors for applying under section 245 as follows:

1.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 5% of the total number of members of the company; or

(b) 100 members of the company,

whichever is less; or

(ii) (a) member or members holding not less than 5% of the issued share capital of the company, in case of an unlisted company;

(b) member or members holding 2 % of the issued share capital of the company, in case of a listed company.

2.The requisite number of depositor or depositors to file an application under sub-section (1) of section 245 shall be –

(i) (a) at least 5% of the total number of depositors of the company; or

(b) 100 depositors of the company,

whichever is less; or;

(ii) depositor or depositors to whom the company owes 5% of total deposits of the company.

The content of the aforesaid notification is attached herewith:

AmendmentRules1_08052019

 

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