Company Law Board Regulations,1991
53. Annexure III
Annexure III
Documents to be attached with a petition
[See regulations 18 and 34]
Sl. No. Sec of the Act Nature of petition Enclosure
to petition (1) (2) (3) (4)
1.
17(2)
Petition for
confirming alteration in Memorandum of
Association as to
change of place of
the registered office
from one State to
another or with
respect to objects
of a company.
1. Copy of the memorandum and articles of association.
2. Copy of the notice calling for the meeting with Explanatory Statement.
3. Copy of the Special Resolution sanctioning the alteration by the members of the company.
4. Copy of the minutes of the meeting at which the Special Resolution was passed.
5. Affidavit verifying the petition
6. Bank draft evidencing payment of application fee.
7. Memorandum of appearance with copy of the Board Resolution or the executed Vakalatnama, as the case may be.
8. Copy of the latest audited balance sheet with the profit and loss account of the company with auditors report and directors report.
9. Affidavit providing despatch and service of notice together with newspaper cuttings.
10. Affidavits verifying list of creditors as per regulation 36(7).
11. Acknowledgement receipts from the Registrar of Companies / Regional Director and/or from the Chief Secretary of the State Government/ Administrator, where applicable [see regulation 14(3)]1[and 35(2)].
2.
18(4)
Application for
extension of time
for filing documents
for registration
of alteration.
1. Application supported by affidavit.
2. Bank draft evidencing payment of application fee.
3.
19
Application for
revival of order made
under section 17.
1. Application duly supported by affidavit.
2. Bank draft evidencing payment of application fee.
4.
43
Petition praying
for relief from
consequences
of failure to comply with conditions constituting
it a private company.
1. Copy of the memorandum and articles of association.
2. Copy of the documents showing that the default has been committed in complying with the conditions laid down in clause (iii) of sub-section (1) of section 3.
3. Affidavit verifying the petition.
4. Bank draft evidencing payment of application fee.
5. Memorandum of appearance with copy of the Board resolution or the executed Vakalatnama, as the case may be.
5.
49(10)
Petition to directthe company to allow an immediate inspection of Register of Investments, if the inspection is refused.
1. Documentary evidence, if any, showing the refusal on the part of the company to allow inspection of the Register of Investments.
2. Affidavit verifying the petition.
3. Bank draft evidencing payment of application fee.
4. Memorandum of appearance with copy of the Board Resolution or the executed vakalatnama, as the case may be.
5. Any other relevant correspondence exchanged in the matter with the company.
6. Acknowledgement receipt from the Registrar of Companies/ see regu
lation
4[14(3)]
6.
5[58A(9) or section 45QA of RBI Act,1934]
Petition to direct the company to make repayment of the matured deposits.
1. Copy of the deposit receipt.
2. Copy of the correspondence exchanged with the company.
3. Bank Draft evidencing payment of application fee.
7.
79(2)
Petition to sanction issue of shares at a discount.
1. Copy of the memorandum and articles of association.
2. Copy of the notice calling for the meeting with Explanatory Statement and the Resolution sanctioning issue.
3. Copy of the minutes of the meeting at which the resolution was passed.
4. Copies of the last three years audited balance sheets and profit and loss accounts, auditors report and director’s report.
5. Affidavit verifying the petition.
6. Bank draft evidencing payment of application fee.
7. Memorandum of appearance with copy of the Board Resolution or the executed Vakalatnama, as the case may be.
8.
80A(1) Proviso
Petition to give consent to the issue of further redeemable preference shares in lieu of irredeemable preference shares.
1. Copy of the memorandum and articles of association.
2. Documents showing the terms of issue of the existing preference shares.
3. Copy of the Board Resolution and resolution of general meeting for issue of further redeemable preference shares.
4. Copy of the latest audited balance sheet and profit and loss account of the company with auditor’s report and director’s report.
5. Affidavit verifying the petition.
6. Bank draft evidencing payment of application fee.
7. Memorandum of appearance with a copy of the Board resolution or the executed Vakalatnama, as the case may be.
Where the company is the petitioner
9.
6[111 or 111A]
Petition for rectification of Register of Members on any ground including refusal of registration of transfer/transmission of shares/debentures by the company.
1. Copy of the memorandum and articles of association.
2. Latest audited balance sheet and profit and loss account, auditors report and directors report.
3. Authenticated copy of the extract of the Register of Members.
4. Copy of the resolution of the Board or Committee of Directors (where applicable).
5. Any other relevant documents.
6. Affidavit verifying the petition.
7. Bank draft evidencing payment of application fee.
8. Memorandum of appearance with a copy of the Board Resolution or the executed Vakalatnama, as the case may be.
9. Two extra copies of the petition.
Where the petition is made by any other person.
1. Documentary evidence in support of the statements made in the petition including the copy of the letter written by the petitioner to the company for the purpose of registering the transfer of, or the transmission of the right to, any shares or interest in, or debentures as also a copy of the letter of refusal of the company.
2. Copies of the documents returned by the company.
3. Any other relevant documents.
4. Affidavit verifying the petition.
5. Bank draft evidencing payment of application fee.
2[6. Memorandum of appearance with a copy of the Boards resolution or the executed vakalatnama, as the case may be.]
7. Two extra copies of the petition.
10.
113(1)
Petition for extending the period for delivery of the certificates of debentures.
1. Copy of the letter of allotment issued by the company.
2. Copy of the instrument of transfer.
3. Copies of the resolution of the Board allowing the transfer and/ or seeking extension.
4. Affidavit verifying the petition.
5. Bank draft evidencing payment of application fee.
6. Copy of the latest audited balance sheet and profit and loss account together with auditor’s report and directors’ report.
7. Memorandum of appearance with a copy of the Board Resolution or the executed Vakalatnama, as the case may be.
11.
113(3)
Petition for non-
compliance of sub-
section (1) of section
113 providing time limit
for issue of share/
debenture certificates.
1. Copy of the letter of allotment issued by the company.
2. Documentary evidence for the lodgment of shares or debentures for transfer, if any
3. Copy of the notice served on the company requiring it to make good the default in complying with the requirement of sub-section (1) of section 113.
4. Any other correspondence.
5. Affidavit verifying the petition.
6. Bank draft evidencing payment of application fee.
7. Memorandum of appearance with a copy of the Board resolution or the executed vakalatnama, as the case may be.
12.
118(3)
Petition for furnishing
copy of trust deed to
person requiring it.
1. Copy of the letter written to the company for the issue of trust deed.
2. Copy of the letter of refusal, if any, issued by the company.
3. Affidavit verifying the petition.
4. Bank draft evidencing payment of application fee.
2[5. Memorandum of appearance with a copy of the Boards resolution or the executed vakalatnama, as the case may be]
13.
141(1) and (3)
Petition for extension
of time or condonation
of delay in filing the
particulars of a charge
or modifications of a limitation of payment
or satisfaction of
a charge with the
Registrar of Companies.
1. Copy of the agreement creating, modifying the charge, as the case may be.
2. Copy of the resolution envisaged by section 292(1)(b) or (c) and section7[293(1) (d)] as may be applicable.
3.3[***]
4. Affidavit verifying the petition.
5. Bank draft evidencing payment of application fee.
6. Memorandum of appearance with a copy of Board resolution or the executed vakalatnama, as the case may be.
14.
144(4)
Petition to directinspection of copies of instrument creating charges or register of charges.
1. Documentary evidence, if any showing the refusal of the company to give inspection to the petitioner.
2. Affidavit verifying the petition.
3. Bank draft evidencing payment of application fee.
2[4. Memorandum of appearance with a copy of the Boards resolution or the executed vakalatnama, as the case may be.]
15.
163(6)
Petition to direct
inspection of registers
and returns or to furnish
the copies thereof to
the person requiring it.
1. Documentary evidence, if any, showing the refusal of the company to give inspection to the petitioner.
2. Affidavit verifying the petition.
3. Bank draft evidencing payment of application fee.
2[4. Memorandum of appearance with a copy of the Boards resolution or the executed vakalatnama, as the case may be.]
16.
167
Application for directing to call annual general meeting.
1. Affidavit verifying the application.
2. Bank draft evidencing payment of application fee.
17.
186
Application for ordering for calling of general meeting (other than annual general meeting).
1. Documentary Evidence in proof of status of the applicant.
2. Affidavit verifying the petition.
3. Bank draft evidencing payment of application fee.
2[4. Memorandum of appearance with a copy of the Boards resolution or the executed vakalatnama, as the case may be.]
18.
188(5)
Application for order as to whether the rights conferred are being abused to secure needless publicity for defamatory matter and to order companys coststo be paid in whole or in part by the requisitionists.
1. Documentary evidence, if any, showing the refusal of the company to give inspection to the petitioner.
2. Affidavit verifying the petition.
3. Bank draft evidencing payment of application fee.
19.
196(4)
Petition to pass an order directing immediate
inspection of minute books or directing a copy thereof be sent forth. with to person requiring it.
1. Documentary evidence, if any, showing the refusal of the company to give inspection to the petitioner.
2. Affidavit verifying the petition.
3. Bank draft evidencing payment of application fee.
4. Memorandum of appearance with a copy of the Board resolution or the executed vakalatnama, as the case may be.
20.
219(4)
Petition to pass an order directing that a copy of balance sheet and auditors report demanded be furnished forthwith to person concerned.
1. Documentary evidence, if any, showing the refusal of the company to give inspection to the petitioner.
2. Affidavit verifying the petition.
3. Bank draft evidencing payment of application fee.
4. Memorandum of appearance with a copy of the Board resolution or the executed vakalatnama, as the case may be.
21.
225(3), Proviso
Petition to decide as
to whether right of auditors to get their representation circulated and read out at meeting is being abused to secure needless publicity for defamatory matter and to order companys costs on an application to be paid in whole or in part by retiring auditors.
1. Documentary evidence, if any, showing the refusal of the company to give inspection to the petitioner.
2. Affidavit verifying the petition.
3. Bank draft evidencing payment of application fee.
4. Memorandum of appearance with a copy of the Board resolution or the executed vakalatnama, as the case may be.
22.
225(2),
Petition to declare by an order that affairs of a company be investigated by inspector(s).
1. Documentary and/or other evidence in support of the statements made in the petition, as are reasonably open to the petitioner(s).
2. Documentary evidence, if any, showing the refusal of the company to give inspection to the petitioner.
3. Affidavit verifying the petition.
4. Bank draft evidencing payment of application fee.
5. Memorandum of appearance with a copy of the Board resolution or the executed vakalatnama
, as the case may be.
6. Three extra copies of the petition.
23.
250
Complaint by any person for finding out facts about certain shares.
1. Documentary evidence, if any, in support of the complaint.
2. Affidavit verifying the petition.
3. Bank draft evidencing payment of application fee.
4. Memorandum of appearance with a copy of the Board resolution or the executed vakalatnama, as the case may be.
5. Three extra copies of the petition.
24.
225(2),
Petition to declare by an order that affairs of a company be investigated by inspector(s).
1. Documentary and/or other evidence in support of the statements made in the petition, as are reasonably open to the petitioner(s).
2. Documentary evidence, if any, showing the refusal of the company to give inspection to the petitioner.
3. Affidavit verifying the petition.
4. Bank draft evidencing payment of application fee.
5. Memorandum of appearance with a copy of the Board resolution or the executed vakalatnama, as the case may be.
6. Three extra copies of the petition.
25.
225(2),
Petition to declare by an order that affairs of a company be investigated by inspector(s).
1. Documentary and/or other evidence in support of the statements made in the petition, as are reasonably open to the petitioner(s).
2. Documentary evidence, if any, showing the refusal of the company to give inspection to the petitioner.
3. Affidavit verifying the petition.
4. Bank draft evidencing payment of application fee.
5. Memorandum of appearance with a copy of the Board resolution or the executed vakalatnama, as the case may be.
6. Three extra copies of the petition.
Note- Copy of each document, as specified above, should be authenticated or certified to be a true copy-
1 Inserted by the Amendment Regulations,1992, w.e.f. 14th. May,1992.
2 Substituted by the Amendment Regulations,1992, w.e.f. 14th. May,1992.
3 Omitted by the Amendment Regulations,1992, w.e.f. 14th. May,1992.
4 Substituted for the figure and brackets “14(4)” by the Amendment
Regulation,1992, w.e.f. 14th. May,1992.
5 Substituted for the figures “58A” by the Company Law Board (Amendment) Regulations,1997, w.e.f. 1st. August,1997.
6 Substituted for the figures “111” by the Company Law Board
(Amendment) Regulations,1997, w.e.f. 1st. August,1997.
7 Substituted for the word, brackets and figures “293(1)(a)” by the Amendment Regulations,1992, w.e.f. 14th. May,1992.s
8 Omitted by the Company Law Board (Amendment) Regulations,1997, w.e.f. 1st. August,1997.
