Changes in Eligibility Criteria for Class Action Application

The Ministry of Corporate Affairs (“MCA”) on 08 May 2019 amended the National Company law Tribunal Rules, 2016, (“Rules”) which will streamline the provisions of Rule 84 of the said Rules (i.e. Right to apply under the Companies Act in case of Oppression and Mismanagement) and Section 245 (Class Action) of the Companies Act, 2013 (the Act).

While reading Section 245(1) of the Act together with the amended Rules it can be derived that following classes of members or depositors can Class Action under Section 245 of the Act before the National Company law Tribunal for seeking its order:

Category Criteria
In case of a company having a share capital The application shall be made by at least: (a) 5% of total members or 100 members, whichever is less; or (b) In case of an unlisted company, members holding at least 5% of issued share capital; or (c) In case of a listed company, members holding at least 2% of issued share capital.
In the case of a company not having a share capital The application shall be made by atleast one-fifth of the total number of its members.
In case applicants are Depositors The application shall be made by at least:   (a) 5% of the total number of depositors or 100 depositors, whichever is less; or (b) Depositors to whom the company owes 5% of total deposits of the company.

Source: http://www.mca.gov.in/Ministry/pdf/AmendmentRules1_08052019.pdf

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