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

Under Section 459(2), an application made to the Tribunal under a provision of the Act for any approval, direction, exemption or other matter must be accompanied by fees. Who or what determines the amount, and may it vary?

Fees are as may be prescribed, and the proviso to Section 459(2) allows different fees for applications on different matters or by different classes of companies. So the fee is not fixed case by case by the bench, and it need not be uniform.

  1. AFees are fixed by the Tribunal bench in each case and cannot be uniform
  2. BFees are as may be prescribed, and different fees may be prescribed for different matters or different classes of companiesCorrect
  3. CA single uniform fee applies to all applications, as the section forbids differentiation
  4. DFees are decided by the Registrar of Companies based on company paid-up capital only

Explanation

Section 459(2) requires applications to be accompanied by such fees as may be prescribed, and the proviso permits different fees for applications in respect of different matters or by different classes of companies. A uniform fee is therefore not mandated.

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