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:
