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

While drafting an application to the Central Government under the Companies Act, 2013, the draftsman of Narmada Pharma Ltd wishes to state the legal basis for the fee payable. Which statement can be correctly stated in the application?

The application should state that it is accompanied by such fees as may be prescribed. Section 459(2) applies to applications to both the Central Government and the Tribunal, unless the Act provides otherwise, so fees are neither self-determined nor limited to Tribunal filings.

  1. AThe fee is whatever the applicant considers reasonable
  2. BThe fee is fixed by the Tribunal in each case at the hearing
  3. CThe application is accompanied by such fees as may be prescribed, save as otherwise provided in the ActCorrect
  4. DFees are prescribed only for applications made to the Tribunal, not to the Central Government

Explanation

Section 459(2) applies to applications made to the Central Government or the Tribunal, and requires them to be accompanied by prescribed fees save as otherwise provided. So fees are not self-assessed, not fixed at hearing, and not limited to the Tribunal.

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