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CS Professional · Drafting, Pleadings and Appearances · Applications, Petitions and Appeals under Companies Act, 2013

Sunrise Textiles Ltd files an application before the Tribunal seeking approval under a provision of the Companies Act, 2013. The Registry points out that the application has no fee attached. Under the Act, what is the correct position on fees for such applications?

Every application to the Tribunal or Central Government must carry the prescribed fees, unless the Act provides otherwise. Section 459(2) also allows different fees for different matters or different classes of companies, so a drafter must attach the correct fee instead of assuming a uniform or deferred fee.

  1. AEvery such application must be accompanied by the prescribed fees, and different fees may be prescribed for different matters or classes of companiesCorrect
  2. BNo fee is payable for applications seeking approval, since fees apply only to appeals
  3. CA single uniform fee applies to all applications irrespective of the matter or class of company
  4. DFees are payable only if the Tribunal asks for them after admitting the application

Explanation

Section 459(2) says that, save as otherwise provided, every application to the Central Government or the Tribunal for approval, direction, exemption or any other matter must be accompanied by prescribed fees. The proviso allows different fees for different matters or classes of companies. A uniform fee is therefore wrong, and fees are not deferred until after admission.

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