Under Section 245 Companies Act 2013 (CLASS ACTION), an application to the NCLT may be filed by:
Answer & Solution
Correct answer: B.
1. Section 245 Companies Act 2013 introduced CLASS ACTION proceedings (after Satyam scandal). Section 245(3) prescribes the qualifying numbers.
2. Rule 84 Companies (Management and Administration) Rules 2014: (a) MEMBERS — at least (i) 100 MEMBERS of the company; or (ii) such percentage of the total number of members as may be prescribed (5% in case of listed companies, 5% in case of unlisted); or (iii) members holding not less than 5% of issued share capital (listed) / 5% of issued share capital (unlisted); (b) DEPOSITORS — at least (i) 100 depositors; or (ii) 5% of total depositors; or (iii) depositors holding 5% of total outstanding deposits.
3. Relief: restrain ultra vires acts, declare resolutions void, claim damages from auditors, directors, experts, etc.
4. Hence option B is correct.
_Source: Companies Act 2013 (Act 18 of 2013), Govt. of India MCA — Companies Act 2013, Section 245(3); Companies (Management and Administration) Rules 2014 Rule 84_
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