Guidelines for filing statutory Applications under
section 294AA of the Companies Act,1956
An application submitted under section 294AA of the Companies Act, 1956 should be in accordance with the Companies (Appointment of Sole Agents) Rules, 1975 and be accompanied by the following:-
1. Application fee as per details given below:-
(GSR 501, dated 6-7-1999 refers)
Companies with authorised capital
Amount of fee
(a) Less than Rs. 25,00,000 Rs. 500/-
(b) Rs. 25 lacs or more but less than Rs. 5 crores Rs. 1000/-
(c) Rs. 5 crores or above Rs. 2000/-
Application fee shall be paid by Demand Draft drawn in favour of Pay & Accounts Officer, Department of Company Affairs, New Delhi.
2. A copy each of the audited annual accounts of the applicant company and of the Sole Selling Agents for the last three years.
3. A copy each of certified copies of Board of Directors resolution/and special Resolution by members approving the proposal to appoint Sole Selling Agent and the terms and conditions of appointment.
4. A copy of previous approval obtained from the Central Government in respect of appointment of the Sole Selling Agents for earlier period, if any.
5. A certified copy of the Marketing/Sole Selling Agency Agreement proposed to be entered into with the Sole Selling Agent.
6. Percentage of shares held by the applicant company, its directors and their relatives in the Sole Selling Agent/profit sharing ratio, if the proposed Sole Selling Agent is a partnership firm.
7. Percentage of shares held by the Sole Selling Agents, its directors and their relatives in the applicant company/their profit-sharing ratio.
8. Justification for variation, if any, of rate(s) of commission for earlier appointment and those proposed (in case of reappointment).