Cos 244 — Right to apply under section 241

Companies Act, 2013

Statutory text

(1) The  following  members  of  a  company  shall  have  the right to apply under section 241, namely:—
(a)  in  the  case of  a  company  having  a  share  capital,  not  less  than  one  hundred  members  of  the company or not less than one-tenth of the total number of its members, whichever is less, or any member or members holding not less than one-tenth of the issued share capital of the company, subject to the condition that the applicant or applicants has or have paid all calls and other sums due on his or their shares;
(b) in the case of a company not having a share capital, not less than one-fifth of the total number of its members:
Provided  that  the  Tribunal  may,  on  an  application  made  to  it  in  this  behalf,  waive  all  or  any  of  the requirements specified in clause (a) or clause (b) so as to enable the members to apply under section 241.
Explanation.—For the purposes of this sub-section, where any share or shares are held by two or more persons jointly, they shall be counted only as one member.

(2) Where any members of a company are entitled to make an application under sub-section (1), any one or more of them having obtained the consent in writing of the rest, may make the application on behalf and for the benefit of all of them.

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