Feb 2, 2015

Amendment in CLB Regulations, 1991

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The Company Law Board has vide its order dated 28th January 2015, amended the Company Law Board Regulations 1991. The detail of the said amendment is outlined as below:

Amendment in Regulation 4(3)

The following sub-regulation shall be substituted namely:-

"It shall be lawful for the Chairman to provide that matters falling under all other sections of the Companies Act 1956 and the Companies Act, 2013, except those mentioned in Sub-Regulation (1) shall be dealt with by the Regional Benches, namely. New Delhi Bench, Chennai Bench, Kolkata Bench and Mumbai Bench consisting of one or more Members".

Existing Sub-Regulation 4(3) is given below:

It shall be lawful for the Chairman to provide that matters falling under sections 43, 49, 58A, 58AA, 79, 80A, 111 and /or 111A (petitions received and registered in CLB upto 11.09.2013), 113, 117, 117C, 118, 144, 163, 167, 186, 196, 219, 225, 235, 237B, 247, 248, 304, 307, 614, 621A and all matters arising under Chapter VI (Prevention of oppression and mismanagement) of the Companies Act, 1956, section 45QA of the R.B.I. Act, 1934 and sections 24, 58 and 59 (petitions received and registered in CLB on or after 12.09.2013) of the Companies Act, 2013 shall be dealt by Regional Benches, namely, New Delhi Bench, Chennai Bench, Kolkata Bench and Mumbai Bench, consisting of one or more Members.

Provided that matters pending before the Principal Bench and Additional Principal Bench as on 1st day of April, 2008 shall continue to be disposed of in the name of Principal Bench and Additional Principal Bench respectively:

Provided further that notwithstanding anything contained in regulation 7, it shall be lawful for the Chairman to inter-se transfer any matter pending before a Regional Bench to any Member or to any other Regional Bench or to the Principal Bench either at the joint request of all the parties or for other reasons to be recorded in writing.

Amendment in Regulation 14(5)

For the words and expression "sub section (9) of Section 58A or sub- section (4) of section 117 C of the Act or under sub -section (2) of section 45QA of the Reserve Bank of India Act, 1934 ( 2 of 1934) " the words and expression namely "sub section (4) of section 73 of the Companies Act, 2013 or sub -section (4) of section 73 read with section 76 of the Companies Act, 2013 or sub- section (4) of section 117 C of the Companies Act, 1956 or under sub -section (2) of section 45QA of the Reserve Bank of India Act, 1934 (2 of 1934)" shall be substituted.

Existing Regulation 14 (5)

Every petition, other than an application under sub-section (9) of section 58A or subsection (4) of section 117C of the Act or under sub-section (2) of section 45QA of the Reserve Bank of India Act, 1934 (2 of 1934), shall be accompanied by an affidavit verifying the same and shall be drawn up in the first person and shall state the full name, age, occupation and complete residential address of the deponent and shall be signed by the deponent and sworn before the person specified in section 558 of the Act.

Amendment in Regulation 37

The following Regulation shall be substituted namely:-

Application by depositor and debenture holder – An application under sub- section (4) of section 73 of the Companies Act. 2013 or sub- section (4) of section 73 read with section 76 of the Companies Act, 2013 or under sub-section (4) of section 117C of the Companies Act. 1956 or under section 45QA of the Reserve Bank of India Act. 1934 (2 of 1934). Shall be filed in Form No, 4 in Annexure – II and shall be submitted in duplicate.

Existing Regulation 37 is given below:

Application for deposit and debenture Applications under sub-section (9) of section 58A or under sub-section (4) of section 117C of the Act or 45QA of the Reserve Bank of India Act, 1934 (2 of 1934), shall be in Form No. 4 in Annexure-II and shall be submitted in duplicate.

After Regulation 51 the following Regulation 52 and 53 shall be inserted namely:-

52. Application Petition to the Company Law Board. – An application under sub-section (41) of section 2 of the Companies Act 2013 shall be filed in Form No. 6 in Annexure II. A Petition under section 58 and or 59 of Companies Act 2013 shall be filed in Form No.1 in Annexure II. An application under sub-section(4) of section 73 or subsection (4) of section 73 read with section 76 of the Companies Act, 2013 shall he filed in Form No. 4 in Annexure-II. An application under sub-section (2) of section 74 of the Companies Act 2013 shall he filed in Form No. 7 in Annexure II.

53. Before submitting an application under sub- section (2) of section 74 of the Companies Act. 2013, the company shall publish a general notice in two leading English daily newspapers and in a newspaper published in the language of the region having wide circulation in the region in which the Registered office of the company is situated in the manner specified in Form No. 8 in Annexure II. The company shall also serve a copy of the general notice in Form No. 8 to every deposit holder whose deposits are covered under the application seeking extension of time by speed post und shall produce evidence of such service at the lime or presentation of such application in CLB

Pursuant to the aforesaid amendment, following applications shall be filed in below given forms:

Section Purpose Form
Section 73 (4) or 73(4) read with 76 Application in case company fails to pay deposit or part thereof or interest or part thereof. Form no 4
Section 2(41) Application for having a financial year other than April-March Form no 6
Section 58 Appeal against to refusal to register transfer or transmission of shares Form no 7
Section 59 Application for rectification of register Form no 7
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