Total Questions

Total Questions926

KMP

Answer

A private company has husband and wife as only two directors as well as shareholders. There is no other shareholder. Husband is co Read More
A private company has husband and wife as only two directors as well as shareholders. There is no other shareholder. Husband is continuing as a whole time director since 1996 as there was no fixed tenure in his appointment letter. The questions now are :1. Does the Company need to reappoint him with a tenure of 5 years now ? If yes, can he be reappointed now say. in December, 2014 or January, 2015 ? 2. Whether in respect of the Board resolution for his reappointment and remuneration, Section 184 and Section 188 apply ? 3. Will he compulsorily be treated as a KMP ? 4. Whether MR 1 in this case will be filed within 60 days from Board resolution or from General meeting resolution ( as the general meeting will now only be in September, 2015) ?

Views (3299)
Posted By: Manouj agrawaal, fca, partner 12 year(s) ago

Answer

If CFO appointment is before March, 31, 2014. Is it required to file DIR-12 for the appointment of CFO now? Is there further requi Read More
If CFO appointment is before March, 31, 2014. Is it required to file DIR-12 for the appointment of CFO now? Is there further requirement of filing MR-1 also, when remuneration to CFO is not subject to regulation or within the purview of Sections 196 &197 & schedule V.

Views (2554)
Posted By: Nava bharat ventures limited 11 year(s) ago

Answer

A public limited company having a paid up capital of 9 Crore Rs. appoints a Company Secretary, whether such CS so appointed will b Read More
A public limited company having a paid up capital of 9 Crore Rs. appoints a Company Secretary, whether such CS so appointed will be treated as Key Manegerial Personnel or not and whether Form MR-1 is to be filed along with Form DIR-12 in its respect or not?

Views (2251)
Posted By: Atul 11 year(s) ago

Answer

Can a public limited company not falling under the prescribed class of companies for Sec 203 appoint all its directors as non-exec Read More
Can a public limited company not falling under the prescribed class of companies for Sec 203 appoint all its directors as non-executive?

Views (1847)
Posted By: Latha 11 year(s) ago

Answer

Has it become mandatory to appoint KMP from April 1, 2014 or do we have transition period of 6 months for the same Read More
Has it become mandatory to appoint KMP from April 1, 2014 or do we have transition period of 6 months for the same

Views (2181)
Posted By: Khushboo 12 year(s) ago

Answer

A pvt co. which is not required to appoint a KMP. But according to Sec 8A, it has to appoint a Company Secretary. The Company ha Read More
A pvt co. which is not required to appoint a KMP. But according to Sec 8A, it has to appoint a Company Secretary. The Company has MD, WTD, CFO and CS. Should only be CS be designated as KMP in Board Resolution as appointment of CS is compulsory or even WTD, CFO along with CS should be designated as KMP as they are appointed in the company before the regulations came into force.

Views (2531)
Posted By: Mookambika r 12 year(s) ago

Answer

To appoint a whole time director in a private limited co, what are the resolutions ( BR or EGM) and which forms need to be filed t Read More
To appoint a whole time director in a private limited co, what are the resolutions ( BR or EGM) and which forms need to be filed to RoC ?

Views (1934)
Posted By: Manouj agrawaal, fca, partner 11 year(s) ago

Answer

In a private co, a director ( designated as a Director in RoC records) is getting salary for last 15 years. Do w have to redesigna Read More
In a private co, a director ( designated as a Director in RoC records) is getting salary for last 15 years. Do w have to redesignate him as a whole time director now from a current date ? And what resolution and form is to be filed for that ?

Views (1818)
Posted By: Manouj agrawaal, fca, partner 11 year(s) ago

Answer

In a private co, a whole time director designated as such, is taking salary for last 14 years now. Please advise whether we need t Read More
In a private co, a whole time director designated as such, is taking salary for last 14 years now. Please advise whether we need to re appoint him now or from an earlier date and what resolution/forms need to be filed for the same ?

Views (1758)
Posted By: Manouj agrawaal, fca, partner 11 year(s) ago

Answer

In a private company ,if whole time director is designates as KEY MANAGERIAL PERSONNEL, whats is the procedure? Read More
In a private company ,if whole time director is designates as KEY MANAGERIAL PERSONNEL, whats is the procedure?

Views (2673)
Posted By: Pooja garg 11 year(s) ago

Answer

Can a person be appointed as MD/ WTD of more than 2 Govt. Companies ? Read More
Can a person be appointed as MD/ WTD of more than 2 Govt. Companies ?

Views (2619)
Posted By: Nilesh patel 10 year(s) ago

Answer

A PRIVATE LIMITED COMPANY WITH PAID UP CAPITAL OF RUPEES 9.5 CRORES IS A SUBSIDIARY OF A PUBLIC LIMITED COMPANY WITH PAID UP CAPIT Read More
A PRIVATE LIMITED COMPANY WITH PAID UP CAPITAL OF RUPEES 9.5 CRORES IS A SUBSIDIARY OF A PUBLIC LIMITED COMPANY WITH PAID UP CAPITAL OF RUPEES 12.00 CRORES. WHETHER PRIVATE COMPANY IS REQUIRED TO APPOINT MD, CFO AND INDEPENDENT DIRECTOR.

Views (2328)
Posted By: Ravinder 10 year(s) ago

Answer

I LEFT A COMPANY IN THE MONTH OF APRIL 2008 AND AT PRESENT I AM WORKING AS A PRACTICING COMPANY SECRETARY. THE COMPANY HAS NOT FIL Read More
I LEFT A COMPANY IN THE MONTH OF APRIL 2008 AND AT PRESENT I AM WORKING AS A PRACTICING COMPANY SECRETARY. THE COMPANY HAS NOT FILED FORM 32 OF MY CESSATION AND MY NAME IS APPEARING IN THE LIST OF SIGNATORIES ON MCA MASTER DATA. THE COMPANY HAS NOT FILED ANNUAL RETURN FROM THE YEAR 2007 TO 2015. ROC HAS LAUNCHED A PROSECUTION IN THE COURT AND I HAVE ALSO BEEN ARRAYED AS AN ACCUSED. NOW, PLEASE ADVISE ON FOLLOWING- 1. HOW MY NAME WILL BE REMOVED FROM MCA MASTER DATA AS I AM IN PRACTICE AND FORM 32/DIR-12 CAN NOT BE FILED. 2. HOW CAN I DEFEND MYSELF IN THE COURT.

Views (2031)
Posted By: Ravinder 10 year(s) ago

Answer

A pvt ltd company has appointed a person of more than 21 yrs but less than 70 yrs as WTD in the Board meeting with effect from 1st Read More
A pvt ltd company has appointed a person of more than 21 yrs but less than 70 yrs as WTD in the Board meeting with effect from 1st July 2014. Form MR1 was filed thereafter within 60 days. The company is at present seeking shareholders approval with respect to the same by way of ordinary resolution. Should the company again file MR1 subsequent to the approval by shareholders?. If yes, what will be the effective date of appointment?. I presume that the fees for MR1 is calculated with reference to the effective date of appointment.

Views (2140)
Posted By: Latha 12 year(s) ago

Answer

Can a company secretary of a holding company act as a KMP of its subsidiary companies. In this case, the subsidiary companies are Read More
Can a company secretary of a holding company act as a KMP of its subsidiary companies. In this case, the subsidiary companies are only Special Purpose Vehicles incorporated for the purpose of performing a specific project.

Views (2246)
Posted By: Madhu 12 year(s) ago

Answer

a listed company willing to designate officers of the comapny other than those specified in Section 2 (51) as KMP. is there any le Read More
a listed company willing to designate officers of the comapny other than those specified in Section 2 (51) as KMP. is there any legal requirement for this under Companies Act, 2013, Listing agreement?

Views (2325)
Posted By: Kamdhenu ispat limited 12 year(s) ago

Answer

The Paid up capital of one of our unlisted Company is less than Rs. 10 Crore, hence as per the provisions of Section 203 of the Co Read More
The Paid up capital of one of our unlisted Company is less than Rs. 10 Crore, hence as per the provisions of Section 203 of the Companies Act, 2013 not required to appoint KMP. But the Company is having Company Secretary and CEO. In that case do we need to designate them KMP. Please clarify.

Views (2294)
Posted By: Rachna gupta singh 12 year(s) ago

Answer

An un-listed public Company covered under the qualifying criteria for appointment of KMP has full time MD, GM(F&A) and CS as on 01 Read More
An un-listed public Company covered under the qualifying criteria for appointment of KMP has full time MD, GM(F&A) and CS as on 01/04/2014. The required forms for their appointment under the old Act have been filed at relevannt time. Whether the Company is required to appoint again the KMPs and file the forms. What is the procedure to be followed in this regard by such a Company.

Views (2239)
Posted By: Ketan antani 12 year(s) ago

Answer

Section 203 prohibits appointment /re-appointmnt of chairperson as MD /CEO unless Articles provides otherwise. If Articles of a Co Read More
Section 203 prohibits appointment /re-appointmnt of chairperson as MD /CEO unless Articles provides otherwise. If Articles of a Company does not provide appointment of Chairperson as MD / CEO Whether a Company can appoint Chairperson as its MD under this Section after amending its Artiles facilitationg such appointment ?

Views (1993)
Posted By: Ketan antani 12 year(s) ago

Answer

What is the time limit of appointment of KMP in a listed company and board or special resolution is required? Read More
What is the time limit of appointment of KMP in a listed company and board or special resolution is required?

Views (1860)
Posted By: Rajesh agrawal 12 year(s) ago

Answer

A co. having a paid up capital of more than 50 cr ; already having MD and CS as KMP. Does it reuired to appoint CFO also as per se Read More
A co. having a paid up capital of more than 50 cr ; already having MD and CS as KMP. Does it reuired to appoint CFO also as per sec 203 of the act

Views (2513)
Posted By: Vandana bhatia 12 year(s) ago

Answer

In case a Listed Company is already having a MD and CS on whole time basis as on 01-04-2014, is it required to designate them as K Read More
In case a Listed Company is already having a MD and CS on whole time basis as on 01-04-2014, is it required to designate them as KMPs and file requisite returns with ROC.

Views (1973)
Posted By: Hardam singh 11 year(s) ago

Answer

Validity of appointment of Managing Director- One Public Limited Unlisted company has re-appointed its Managing Director for 3 yea Read More
Validity of appointment of Managing Director- One Public Limited Unlisted company has re-appointed its Managing Director for 3 years in September 2013. The appointment is valid upto August, 2016 as per The Companies Act, 1956. Is re-appointment of Managing Director valid upto August, 2016 under The Companies Act, 2013. What are the compliances need to comply under The Companies Act, 2013 for validity of re-appointment of Managing Director upto August, 2016. Please Clarify.

Views (2088)
Posted By: Sunil kumar agrawal 11 year(s) ago

Answer

Can appointment of KMP be done through Resolution by Circulation. Read More
Can appointment of KMP be done through Resolution by Circulation.

Views (2519)
Posted By: Manoj kumar koyalkar 12 year(s) ago

Answer

Are Directors and Company Secretary required to be reappointed as KMP through board resolution ? Read More
Are Directors and Company Secretary required to be reappointed as KMP through board resolution ?

Views (2762)
Posted By: Shairill a. dubey 12 year(s) ago

Answer

Dear Sir, ours is a public Ltd. wholly owned subsidiary of LIC of India. the head of the company who is also one of the directors, Read More
Dear Sir, ours is a public Ltd. wholly owned subsidiary of LIC of India. the head of the company who is also one of the directors, his designation is chief executive. in articles also he has been termed as chief executive. but now he wants to use designation as chief executive office. please advice the formalities required. thanks and regards.

Views (2081)
Posted By: Naresh 12 year(s) ago

Answer

If KMP is non resident during the previous year, we have to seek central government approval. What are the consequences/penalties Read More
If KMP is non resident during the previous year, we have to seek central government approval. What are the consequences/penalties if we dont go for central government approval??

Views (2421)
Posted By: Gopika m n 12 year(s) ago

Answer

Whether it is necessary to file form DIR-12 for the appointment of CEO Read More
Whether it is necessary to file form DIR-12 for the appointment of CEO

Views (1922)
Posted By: Gurpreet kaur 8 year(s) ago

Answer

One Private Limited Company have appointed “Voluntarily” (Not Mandatorily as required in terms of Section 203 of the Act) one offi Read More
One Private Limited Company have appointed “Voluntarily” (Not Mandatorily as required in terms of Section 203 of the Act) one office of the Company as CEO who is not a Director of the Company. Kindly clarify the following :- 01. Will he term and considered as KMP in term of Provision of Section 2(51) of the Act ? 02. Will he termed and considered as officer in default in terms of Provision of section 2(60) of the Act ? 03. Whether the Company require to File Form DIR-12 in respect of his appointment as CEO ? 04. Is it mandatory to disclose details of appointment of such CEO in Board’s Report in terms of section 134 (3)(q) read with sub-rule 5 of rule 8 of the Companies (Accounts) Rules, 2015 ? 04. Is it mandatory to sign Financial Statements by him in terms of section 134(1) of the Act ?

Views (3063)
Posted By: Vasant patel 7 year(s) ago

Answer

One Private Limited Company have appointed “Voluntarily” (Not Mandatorily as required in terms of Section 203 of the Act) one offi Read More
One Private Limited Company have appointed “Voluntarily” (Not Mandatorily as required in terms of Section 203 of the Act) one office of the Company as CEO who is not a Director of the Company. Kindly clarify the following :- 01. Will he term and considered as KMP in term of Provision of Section 2(51) of the Act ? 02. Will he termed and considered as officer in default in terms of Provision of section 2(60) of the Act ? 03. Whether the Company require to File Form DIR-12 in respect of his appointment as CEO ? 04. Is it mandatory to disclose details of appointment of such CEO in Board’s Report in terms of section 134 (3)(q) read with sub-rule 5 of rule 8 of the Companies (Accounts) Rules, 2015 ? 04. Is it mandatory to sign Financial Statements by him in terms of section 134(1) of the Act ?

Views (3164)
Posted By: Vasant patel 7 year(s) ago

Answer

In a private co, a whole time director designated as such, is taking salary for last 14 years now. Please advise whether we need t Read More
In a private co, a whole time director designated as such, is taking salary for last 14 years now. Please advise whether we need to re appoint him now or from an earlier date and what resolution/forms need to be filed for the same ?

Views (1714)
Posted By: Manouj agrawaal, fca, partner 11 year(s) ago

Answer

The provisions of sub-sections (1), (2), (3) and (4) of Section 203 are not applicable to MD, CEO, or Manager and in their absenc Read More
The provisions of sub-sections (1), (2), (3) and (4) of Section 203 are not applicable to MD, CEO, or Manager and in their absence WTD of the Government Company as per the exemption notification dated 05/06/2015 issued by MCA. Therefore, whether Managing Director of A Ltd ( Govt Co.) which is a subsidiary Company can hold additionally the position of Whole time Director of its holding Company B Ltd ( which is also a Govt Company) ?

Views (1914)
Posted By: Ketan antani 11 year(s) ago

Answer

Can CMD be appointed as CFO Read More
Can CMD be appointed as CFO

Views (1961)
Posted By: Nitin 11 year(s) ago

Answer

Form 32 had been filed in 2006 with PAN. At that time option of Membership no. was not in the form 32. Now only membership no. Read More
Form 32 had been filed in 2006 with PAN. At that time option of Membership no. was not in the form 32. Now only membership no. is accepted in MR-1 and PAN is not accepted in this form. When we file form MR-1 the massage comes that "this Membership no. is not with this CIN". DIR-12 cannot be filed because form 32 is already filed. When membership no. will be added with the earlier appointment, then only MR-1 can be filed. Please give solution.

Views (1775)
Posted By: Sanjay sharma 11 year(s) ago

Answer

For appointment of Company Secretary, Form 32 had been filed in 2006 with PAN. At that time option of Membership no. was not in th Read More
For appointment of Company Secretary, Form 32 had been filed in 2006 with PAN. At that time option of Membership no. was not in the form 32. Now only membership no. is accepted in MR-1 and PAN is not accepted in this form for Company secretary. When we file form MR-1 the massage comes that "this Membership no. is not with this CIN". DIR-12 cannot be filed because form 32 is already filed. When membership no. will be added with the earlier appointment, then only MR-1 can be filed. Please give solution.

Views (2105)
Posted By: Sanjay sharma 11 year(s) ago

Shareholders Meeting

Answer

Report on annual general meeting Section 121.1. Whether the proceedings of the AGM can be attached as a Annexure to Form MGT 15? Read More
Report on annual general meeting Section 121.1. Whether the proceedings of the AGM can be attached as a Annexure to Form MGT 15? 2. Whether the Annexure (i.e. proceedings of the AGM) has to be signed by the Chairman and Company Secretary?

Views (3442)
Posted By: Genicon 12 year(s) ago

Answer

Company Incorporated on 27.02.13. Books closed on 31.03.14 What would be the due date for AGM. Whether withing 18 months of Incorp Read More
Company Incorporated on 27.02.13. Books closed on 31.03.14 What would be the due date for AGM. Whether withing 18 months of Incorporation or 9 months as per new Act.

Views (5419)
Posted By: Zaeem 12 year(s) ago

Answer

In a Pvt limited both the Directors and members are Non-Resident...in this case the place of the AGM where???? Read More
In a Pvt limited both the Directors and members are Non-Resident...in this case the place of the AGM where????

Views (3878)
Posted By: Palani kumar b 11 year(s) ago

Answer

A Company was incorporated on 05-01-2013 and first financial year closed on 31-03-2014. As per the provisions of Section 166 of th Read More
A Company was incorporated on 05-01-2013 and first financial year closed on 31-03-2014. As per the provisions of Section 166 of the companies act 1956 , company could have held first AGM within 18 months i.e on 04-07-2014. As per section 96 of Companies Act 2013, company can hold AGM within 9 months i.e on or before 31-12-2014. Whether company needs to comply in this case with Companies Act 1956 or Companies Act 2013

Views (4941)
Posted By: Pramod prabhudesai 12 year(s) ago

Answer

Kindly provide me the Consent letter format for conducting EGM at shorter notice Read More
Kindly provide me the Consent letter format for conducting EGM at shorter notice

Views (12065)
Posted By: Genicon 12 year(s) ago

Answer

Under Companies Act 1956 consent of shareholder for shorter notice was given in Form 22A. Is there any corresponding form under Co Read More
Under Companies Act 1956 consent of shareholder for shorter notice was given in Form 22A. Is there any corresponding form under Companies Act 2013 for shareholders consent for shorter notice as per Sec 101 (1).

Views (5218)
Posted By: Mukund govindharajan 12 year(s) ago

Answer

can an EOGM be held outside India? In 1956 act there was no restriction on that but now i think as per secretarial standards and r Read More
can an EOGM be held outside India? In 1956 act there was no restriction on that but now i think as per secretarial standards and rules the same is not possible.And if that is the case isn't it restricting the scope of doing business in India?

Views (3383)
Posted By: Anita 11 year(s) ago

Answer

Can we hold shareholders meeting via video conferencing; quorum is physically valid. Dear Sir need valid basis for that if we can Read More
Can we hold shareholders meeting via video conferencing; quorum is physically valid. Dear Sir need valid basis for that if we can hold meeting

Views (3102)
Posted By: Sahil 10 year(s) ago

Answer

if Notice of EGM has been issued, can we call off EGM? Read More
if Notice of EGM has been issued, can we call off EGM?

Views (3381)
Posted By: Pooja garg 11 year(s) ago

Answer

section 105(2) states that the explanatory statement shall state that proxy may not be a member of the company. However rule 19 pr Read More
section 105(2) states that the explanatory statement shall state that proxy may not be a member of the company. However rule 19 provides that only a member can be appointed as proxy. This appears to be contradictory. Pls advice

Views (3387)
Posted By: Deepti vohra 12 year(s) ago

Answer

Can an Authorised Representative appointed to attain the General Meeting, appoint proxy on his behalf? Read More
Can an Authorised Representative appointed to attain the General Meeting, appoint proxy on his behalf?

Views (2783)
Posted By: Kishore p shah 12 year(s) ago

Answer

In a Private Company there are 2 Directors, out of which one is minor. Can Minor shareholder attend General Meeting? can he cas Read More
In a Private Company there are 2 Directors, out of which one is minor. Can Minor shareholder attend General Meeting? can he caste vote? will his presence will be counted for ascertaining quorum.?

Views (2861)
Posted By: Abhinaya 12 year(s) ago

Answer

In a private company, when AGM can be held with shorter notice if 95% of the members agree for it, can the audited accounts also b Read More
In a private company, when AGM can be held with shorter notice if 95% of the members agree for it, can the audited accounts also be circulated in shorter period than 21 days?

Views (4295)
Posted By: V. subramanian 12 year(s) ago

Answer

Kindly provide me with a format of special resolution required for filing MGT 14 after AGM. Read More
Kindly provide me with a format of special resolution required for filing MGT 14 after AGM.

Views (3623)
Posted By: Rajesh agrawal 12 year(s) ago

Answer

A spl resolution proposed by way of postal ballot could not be passed for want for requisite majority. The relevant sections and Read More
A spl resolution proposed by way of postal ballot could not be passed for want for requisite majority. The relevant sections and rules state that the resolution passed has to be filed with ROC in MGT14 within the prescribed time period and the brief report of the resolutions passed by way of postal ballot shall be recorded in the minutes of shareholders meetings. In view of the words "resolutions passed", my query is should we file form MGT14 and record in the minutes book in the present case when the resolution has not been passed?

Views (3351)
Posted By: Latha 12 year(s) ago

Answer

The Companies Act 2013, provides for voting by electronic means by shareholders at general meeting - Section 108. Draft Rules 7.18 Read More
The Companies Act 2013, provides for voting by electronic means by shareholders at general meeting - Section 108. Draft Rules 7.18 1 specifies that listed companies and companies with more than 500 shareholders may provide for electronic voting for section 108. Under Companies Act 1956, the Circular 72/2011 dt 27.12.2011 under Green Initiative provides it is optional for companies to provide for share holders participation at general meetings through video conferencing. There is no such mention of participation of shareholders through video conferencing at general meetings in the Companies Act 2013 and draft rules. Does that mean that the option of video conferencing facility for share holders participation in general meetings is dropped under Companies Act 2013.Hence can it be concluded that under Companies Act 2013 even as an option the company can no more provide video conferencing facility to share holders for participation in General Meetings. [by. G Mukund]

Views (9785)
Posted By: Vivek vijay 13 year(s) ago

Answer

whether demand of poll is applicable in case of the Company has conducted e-voting at the AGM. Read More
whether demand of poll is applicable in case of the Company has conducted e-voting at the AGM.

Views (3136)
Posted By: Priyadarshini 12 year(s) ago

Answer

Dear Sir/ Madam, Ref: Section 186 and Explanation to Rule no 13 (1) of the Companies (Meetings of Board and its Powers) Rules, 20 Read More
Dear Sir/ Madam, Ref: Section 186 and Explanation to Rule no 13 (1) of the Companies (Meetings of Board and its Powers) Rules, 2014) According to me, we can investment, give loan etc ....exceeding limits ...........but we have to pass special resolution with in 1 year from the notification of these rules. It means if limits are 10 Cr .....my current borrowing is 12 cr.....I can further borrow to say 20 cr ( with out passing special resolution immediately).... but have to take approval for the same by 31.03.2015. Kindly provided your inputs. Thanks, Mandar

Views (3158)
Posted By: Mandar 11 year(s) ago

Answer

A company didn't received money from his promoter (shares were subscribed in MoA).How to proceed further ? how can we allocate the Read More
A company didn't received money from his promoter (shares were subscribed in MoA).How to proceed further ? how can we allocate these shares to someone else?

Views (2793)
Posted By: Arpita 11 year(s) ago

Answer

if Notice of EGM has been issued, can we call off EGM? Read More
if Notice of EGM has been issued, can we call off EGM?

Views (3278)
Posted By: Pooja garg 11 year(s) ago

Answer

Sir Please advise me: Query 1: A Pvt ltd is to be converted in to LLP. Whether Board Resolution by the Pvt ltd co. is sufficient Read More
Sir Please advise me: Query 1: A Pvt ltd is to be converted in to LLP. Whether Board Resolution by the Pvt ltd co. is sufficient for Conversion in to LLP or Extraordinary general meeting is further required to be conducted for the conversion? Query 2: E-form 18 under LLP act requires to obtain the Consent from Shareholders of the pvt ltd for conversion. Whether Simple consent by Shareholders by way of letter is sufficient or calling EGM is needed? Query 3: Whether MGT- 14 form is needed to be filed in both the above mentioned queries ? Thanking You With Regards

Views (3018)
Posted By: Kamal 12 year(s) ago

CSR

Answer

Whether even private companies meeting the eligbility criteria prescribed in section 135 are required to comply with CSR requireme Read More
Whether even private companies meeting the eligbility criteria prescribed in section 135 are required to comply with CSR requirement ? If yes, then they are also required to appoint Independent Directors?

Views (3652)
Posted By: Anjali 13 year(s) ago

Answer

A Company is required to spend say Rs.10 on CSR in the FY 2014-15. The amount of Rs.10 is based on 2 of average PBT of the FY 2011 Read More
A Company is required to spend say Rs.10 on CSR in the FY 2014-15. The amount of Rs.10 is based on 2 of average PBT of the FY 2011:12, 2012:13 and 2013:14. In the FY 2014:15, the Company actually spent Rs.5 on the CSR projects identified by it and Rs.3 will be spent on the same projects in the next FY, leaving Rs.2 not to be spent by it. The Board also gives reasons for not spending Rs.2 to its shareholders. With this background, my Question is –How Companies will record the amount under CSR Pool, as it is not in the nature of “Reserve”, which can be brought back to Profit. In the given case, where the amount i.e. Rs.2 not spent will go. As per the Draft CSR Rules, surplus arising out of the CSR activity will not be part of business profits of the company. | By. DS Mahajan

Views (3572)
Posted By: Vivek vijay 13 year(s) ago

Answer

For unlisted public companies, independent directors are required now for companies with turnover, sharecapital criterion. Time li Read More
For unlisted public companies, independent directors are required now for companies with turnover, sharecapital criterion. Time limit of 1 year is given to comply with this. However for CSR purpose, the company need to create CSR committee. Can company create CSR committe with all non-independent Directors? as company dont have any independent director and not required as such.

Views (3475)
Posted By: Chandra 13 year(s) ago

Answer

Please clarify the activities eligible under the final Schedule VII of the CSR for which Income tax adjustment would be applicable Read More
Please clarify the activities eligible under the final Schedule VII of the CSR for which Income tax adjustment would be applicable.Thank you

Views (3675)
Posted By: V.b. mahajan 12 year(s) ago

Answer

Could you pl confirm whether to carry out CSR activity, a company can float a charitable trust as settlor and PROMOTER director Read More
Could you pl confirm whether to carry out CSR activity, a company can float a charitable trust as settlor and PROMOTER director as Trustees.Can this new Trust shall carry out the CSR activities on behalf of Company or for other companies also?

Views (5361)
Posted By: Sanjay dewan 12 year(s) ago

Answer

As per CSR law & rule CSR committee should have three Director one of them should be independent director ( if applicable to the c Read More
As per CSR law & rule CSR committee should have three Director one of them should be independent director ( if applicable to the company concerned ) . Can Non Director be member of CSR committee ?

Views (3671)
Posted By: Pradeep panda 12 year(s) ago

Answer

Whether to find out applicability of CSR provisions as per Sec 135 of the Companies Act 2013, the threshold limits should be met d Read More
Whether to find out applicability of CSR provisions as per Sec 135 of the Companies Act 2013, the threshold limits should be met during the current financial year 2014-2015 or even if any of the threshold limit is met during any of the three preceding financial years CSR will be applicable ? Pl. Clarify?

Views (3830)
Posted By: Mukund govindharajan 12 year(s) ago

Answer

One company is covered for compliance CSR. The company desires to contribute Prime Minister’s Relief Fund have 100% Income Tax exe Read More
One company is covered for compliance CSR. The company desires to contribute Prime Minister’s Relief Fund have 100% Income Tax exemption. Please provide contact detail for sending the contribution.

Views (3368)
Posted By: Sunil kumar agrawal 11 year(s) ago

Answer

Our PBT for the year 2014-15 is Rs.4.76 Cr. approx. PBT for last three years is detailed below :- 2011-12 Rs.5,02,04,382 201 Read More
Our PBT for the year 2014-15 is Rs.4.76 Cr. approx. PBT for last three years is detailed below :- 2011-12 Rs.5,02,04,382 2012-13 Rs.5,59,04,263 2013-14 Rs.4,31,45,900 You are requested to please advise whether or not CSR is applicable to us.

Views (3707)
Posted By: Pooja hiranandani 11 year(s) ago

Answer

Whether CSR can be given to a trust with eligible objects by way of corpus fund? Read More
Whether CSR can be given to a trust with eligible objects by way of corpus fund?

Views (3486)
Posted By: Pawan 11 year(s) ago

Answer

Rule 2f of the CSR Rules, 2014 provides meaning of the net profit of a company as per its financial statement prepared in accordan Read More
Rule 2f of the CSR Rules, 2014 provides meaning of the net profit of a company as per its financial statement prepared in accordance with the applicable provisions of the Act, but shall not include the following, namely:— ii any dividend received from other companies in India, which are covered under and complying with the provisions of section 135 of the Act: Here I wish to know that any dividend received would be deducted from profit before tax or dividend is to be deducted of only those declaring cos which are covered under Section 135 of the Act. If yes to second option, whether disclosure of reason in Directors Report of not complying CSR liability shall be considered as compliance for the purpose of these rules.

Views (2892)
Posted By: Rakesh jain 11 year(s) ago

Answer

We have done fair valuation of warrants due to which there is notional profit arising and credited to p/l and so do we need to red Read More
We have done fair valuation of warrants due to which there is notional profit arising and credited to p/l and so do we need to reduce this amount from profit while calculating for CSR

Views (3265)
Posted By: Sanjay solanki 11 year(s) ago

Answer

A Company having Rs. 5.00 cr. net profit in a year in last three financial year but having net average loss of Rs. (50.00) lacs. Read More
A Company having Rs. 5.00 cr. net profit in a year in last three financial year but having net average loss of Rs. (50.00) lacs. Can Company give following disclosure in the Board Report for CSR : a. Average net profit of the Company for last three financial year - NIL b. Prescribed CSR expenditure (2% of the average net profit) - NIL OR disclosure should be given any other manner ?

Views (3276)
Posted By: Sanjay sharma 11 year(s) ago

Answer

Activities Covered under CSR inadvertently shown under the head Donation. Whether can be claimed as a CSR Expenditure ? Read More
Activities Covered under CSR inadvertently shown under the head Donation. Whether can be claimed as a CSR Expenditure ?

Views (4423)
Posted By: Arun rajabhau joshi 10 year(s) ago

Answer

I need clarification on two points:- a} Whether training on sustainable training to farmers by any corporate (Textile Unit) can Read More
I need clarification on two points:- a} Whether training on sustainable training to farmers by any corporate (Textile Unit) can be considered as a CSR Activity? b) Whether any pest control services (Rodent and Mosquito Control) rendered to any government hospital can be considered as a CSR Activity (Preventive Healthcare)? Please revert with your expert comment. Regards/ Dharmesh Dixit

Views (3147)
Posted By: Dharmesh dixit 9 year(s) ago

Answer

Sir, In Private company, there is capital profit of Rs 25 Crore on sale of long term investment in FY 2014-2015 , Investment Pur Read More
Sir, In Private company, there is capital profit of Rs 25 Crore on sale of long term investment in FY 2014-2015 , Investment Purchased in FY 2009-2010. further there is loss from Business activities in FY 2014-2015. but above capital gain converts loss in huge net profit exceeding Rs 5 crore . my question is whether CSR is applicable in this Company on the basis of Net profit creteria. if yes then how. manoj kumar singh Mobile No.9999982606

Views (3237)
Posted By: Manoj kumar singh 11 year(s) ago

Answer

A Company covered under CSR wants to distribute scholarships to poor and deserving students. Whether the expenditure incurred on f Read More
A Company covered under CSR wants to distribute scholarships to poor and deserving students. Whether the expenditure incurred on function organized for distributing scholarship will be covered under CSR budget ?

Views (4677)
Posted By: Hardam singh 11 year(s) ago

Answer

As per Rule 4(2) of the Companies (Corporate Social Responsibility Policy) Rules, can we use LLP to under take CSR activity of the Read More
As per Rule 4(2) of the Companies (Corporate Social Responsibility Policy) Rules, can we use LLP to under take CSR activity of the comany?

Views (3172)
Posted By: Ramnik bhimani 11 year(s) ago

Answer

Can profit on sale of land be considered for profit for the purpose of contribution to CSR? Read More
Can profit on sale of land be considered for profit for the purpose of contribution to CSR?

Views (3599)
Posted By: Kamlesh 11 year(s) ago

Answer

Budget has categorically disallowed all amounts spent on CSR from Income. So there are only instances where CSR can be allowed as Read More
Budget has categorically disallowed all amounts spent on CSR from Income. So there are only instances where CSR can be allowed as expense. a) The assesse has to prove that the expense is directly relateed to his business or b) It should be covered under Sections 30 to 36 of the IT Act. Can anyone tell me if there are any CSR expenses in Sec 30 to 36 which which aligns with Sec 135 read with Schedule VII of the CA 2013?.

Views (3178)
Posted By: Lalitha kannan 12 year(s) ago

Answer

Under CSR rules, "Net profit" means the net profit of a company as Per its financial statements. My question is whether Net profit Read More
Under CSR rules, "Net profit" means the net profit of a company as Per its financial statements. My question is whether Net profit means profit after tax or before tax?

Views (3008)
Posted By: Gagandeep singh 12 year(s) ago

Answer

Based on MCA circular 8/2014 and CSR rules, the CSR reporting in the directors report will not be applicable to a Company which ha Read More
Based on MCA circular 8/2014 and CSR rules, the CSR reporting in the directors report will not be applicable to a Company which has FY Jan – Dec 2014. The query is, are these companies whose FY have started prior to Apr 2014 required to spend any CSR budget in their FY 2014? Even if they spend, there is no reporting in their directors report for FY 2014. Query 2 is – Suppose a company is required to spend Rs.100 in a particular FY, was able to spend just Rs.60. The requirement is that Company shall give details of Rs.60 spent and the reason for not spending Rs.40 in the CSR report in the directors report. What will happen to Rs.40 that is unspent? Will it goes back to the business of the Company or needs to be spent in succeeding years. Please clarify with relevant provisions.

Views (3218)
Posted By: Vijayamahantesh khannur 12 year(s) ago

Private placement

Answer

The companies act states that preferential allotment shall also be treated as private placement and will have to comply with the r Read More
The companies act states that preferential allotment shall also be treated as private placement and will have to comply with the requirements of private placements like issue of letter of offer, valuation by registered valuer etc. In case of preferential allotment of shares or other convertible securities to the promoters, should the company issue letter of offer and comply with the other requirements like valuation. With regard to the special resolution to be passed, can the company pass a single resolution with an upper limit so that the resolution can be used for all allotments to be made during the next 12 months. I understand that the special resolution should be acted upon within 12 months. Can a price band be fixed with power to the board to determine the price. In case of price band, how would the post issue shareholding pattern be made. Only when the exact price of share is known, can the number of shares to be alloted be determined. Please advice.

Views (4575)
Posted By: Arun kumar 12 year(s) ago

Answer

a private company has unsecured loan of Rs.3cr. recd from its Directors and members at 31.03.14.Now how should we tackle this in t Read More
a private company has unsecured loan of Rs.3cr. recd from its Directors and members at 31.03.14.Now how should we tackle this in terms of new act. Can we allot shares against this money, if yes how we will follow the procedure prescribed for private placement which says receipt of money must be through cheques and how we will issue offer letter etc.

Views (3357)
Posted By: Anita 12 year(s) ago

Answer

Private company allot the further equity shares to directors. is it attract private placement/preferential provisionu/s 42 or u/c Read More
Private company allot the further equity shares to directors. is it attract private placement/preferential provisionu/s 42 or u/c 62

Views (3009)
Posted By: Nitin 12 year(s) ago

Answer

SIR, A PRIVATE COMPANY RECD FUND ON 05-06-2014 FROM NRI FOR THE ALLOTMENT OF SHARES (SHARE APPLICATION MONEY BUT THE COMPANY HAS Read More
SIR, A PRIVATE COMPANY RECD FUND ON 05-06-2014 FROM NRI FOR THE ALLOTMENT OF SHARES (SHARE APPLICATION MONEY BUT THE COMPANY HAS NOT COMPLIED WITH ANY PROVISIONS OF COMPANY LAW 2014 FOR ALLOTMENT OF SHARES CAN ITT BE COMPLIED BY PAYING ADDITIONAL FEES TO ROC ON ALL THE FORM LIKE MGT-14 PAS -3 ETC

Views (2988)
Posted By: Reena 12 year(s) ago

Answer

If a company wish to allot shares by private placement to NRI/PIO then what requirement are to be complied with.Do we need to file Read More
If a company wish to allot shares by private placement to NRI/PIO then what requirement are to be complied with.Do we need to file any for with RBI also even when the money is received from their NRO account.

Views (4334)
Posted By: Anita 12 year(s) ago

Answer

What is the difference between allotment under private placement and prefrential allotment? Can allotment of public limited compan Read More
What is the difference between allotment under private placement and prefrential allotment? Can allotment of public limited company can be done under private placement? please clarify.

Views (3679)
Posted By: Vishal arora 12 year(s) ago

Answer

If allotment of Shares done at par then mandatory to obtain report of registered valuer in respect of valuation of the considerati Read More
If allotment of Shares done at par then mandatory to obtain report of registered valuer in respect of valuation of the consideration for preferential allotment.

Views (3214)
Posted By: Cs anuj solanki 11 year(s) ago

Answer

whether a private company can give offer to a partnership firm for subscribing the shares, if yes, what are the requirements. plea Read More
whether a private company can give offer to a partnership firm for subscribing the shares, if yes, what are the requirements. please advise.

Views (3273)
Posted By: Ravinder 11 year(s) ago

Answer

If a partnership firm intends to invest in equity shares then what is the procedure. Read More
If a partnership firm intends to invest in equity shares then what is the procedure.

Views (3301)
Posted By: Ravinder 11 year(s) ago

Answer

A listed Company issued Non convertible debentures through private placement in the month of October 2014 and partially redeemed t Read More
A listed Company issued Non convertible debentures through private placement in the month of October 2014 and partially redeemed the debentures on March 31, 2015. Is there any requirement to mention about the issue and redemption of debentures in the Board Report of the FY 2014-15?

Views (3221)
Posted By: Prerna kapoor 11 year(s) ago

Answer

Please advise when to open and when to close the offer after shareholders meeting in case of private placement. Read More
Please advise when to open and when to close the offer after shareholders meeting in case of private placement.

Views (3162)
Posted By: Ravinder 11 year(s) ago

Answer

can compulsory convertible preference shares be given dividend at par with equity shareholders? Read More
can compulsory convertible preference shares be given dividend at par with equity shareholders?

Views (3205)
Posted By: Nirupama v 11 year(s) ago

Answer

Whether the sweat equity shares can be issued to the non-executive directors? if so what are the tax implications..kindly clarify Read More
Whether the sweat equity shares can be issued to the non-executive directors? if so what are the tax implications..kindly clarify ...

Views (3469)
Posted By: Lakshminarayana n 11 year(s) ago

Answer

Company wants to offer Right shares to its existing shareholders. Out of all shareholders one shareholder is having partly paid up Read More
Company wants to offer Right shares to its existing shareholders. Out of all shareholders one shareholder is having partly paid up shares. Can company issue the shares to the same shareholder.?

Views (3602)
Posted By: Jainam shah 9 year(s) ago

Answer

Dear Sir, Rule 14(1)(b) of Companies (prospectus of securities) Rules, 2014 with regard to private placement states that pvt. plac Read More
Dear Sir, Rule 14(1)(b) of Companies (prospectus of securities) Rules, 2014 with regard to private placement states that pvt. placement offer letter accompanied by application form shall be sent " EITHER IN WRITING OR IN E-MODE". What does the word "IN WRITING" state? , does it include delivery of offer letter"BY HAND"?

Views (3482)
Posted By: Vishal arora 12 year(s) ago

Answer

Under New Act, within how many days the Company is required to issue share certificates for allotment done. Read More
Under New Act, within how many days the Company is required to issue share certificates for allotment done.

Views (3369)
Posted By: Prerna 11 year(s) ago

Answer

can a private company converts its Convertible Preference shares into equity shares with in a period of one year of Allotment of C Read More
can a private company converts its Convertible Preference shares into equity shares with in a period of one year of Allotment of Convertible preference shares. is there any lock in period for preferential allotment of convertible preference shares

Views (3359)
Posted By: Ujjwal 11 year(s) ago

Answer

Do we need to file MGT-14for the board meeting in which we are allotting the shares ?..although we are filing the MGT-14 for EGM i Read More
Do we need to file MGT-14for the board meeting in which we are allotting the shares ?..although we are filing the MGT-14 for EGM in which we are approving the draft offer letter...

Views (3591)
Posted By: Alok 11 year(s) ago

Answer

is it Compulsory for for a Private Limited Company who issues shares to one of the two directors at face value, to appoint valuer? Read More
is it Compulsory for for a Private Limited Company who issues shares to one of the two directors at face value, to appoint valuer? Plz advice

Views (3353)
Posted By: Ravi 11 year(s) ago

Answer

PAS-6 is not release for private placement offer . please explain Read More
PAS-6 is not release for private placement offer . please explain

Views (3154)
Posted By: Sapna tomar 11 year(s) ago

Answer

We are issuing shares to a person in exchange providing advisory services to the co. t. It gets covered under 62(1)(c) preferentia Read More
We are issuing shares to a person in exchange providing advisory services to the co. t. It gets covered under 62(1)(c) preferential allotment for consideration other than cash. Act says also follow sec 42 i.e. pvt. placement which talks about that the amount for issue of shares should come by way of cheque in a separate bank account. But there is no money coming. Only in exchange of services, we are giving shares. How to comply with Section 42?

Views (3180)
Posted By: Revathy` 11 year(s) ago

Answer

Can Pvt. Ltd. company convert unsecured loan of promoter into Equity capital.? what,s the precautions to be taken care of. Kindly Read More
Can Pvt. Ltd. company convert unsecured loan of promoter into Equity capital.? what,s the precautions to be taken care of. Kindly guide

Views (19022)
Posted By: Ravi 11 year(s) ago

Answer

Dear friends, I am filing GNL-2 for PAS-4 in respect of Private Placement made in January 2014, but the fee is coming as Rs.600 on Read More
Dear friends, I am filing GNL-2 for PAS-4 in respect of Private Placement made in January 2014, but the fee is coming as Rs.600 only. No late fees is being charged. Has anyone come across this situation; pls advise.

Views (3201)
Posted By: Vithal kumar pingali 11 year(s) ago

Answer

Is it necessary to obtain a valuation report even in case the security is being offered at par value - say issue of redeemable pre Read More
Is it necessary to obtain a valuation report even in case the security is being offered at par value - say issue of redeemable preference capital at par?

Views (2932)
Posted By: K gopalan 11 year(s) ago

Answer

An unlised public limited company wants to raise funds by issue of non-convertible redeemable preference shares at a premium. Whe Read More
An unlised public limited company wants to raise funds by issue of non-convertible redeemable preference shares at a premium. Whether redeemable preference shares can be issued at a premium under the companies Act, 2013 ?

Views (3633)
Posted By: Comsec 12 year(s) ago

Answer

In case of private placement made to convert unsecured loan from a Company into shareholders by issue of equity shares at book val Read More
In case of private placement made to convert unsecured loan from a Company into shareholders by issue of equity shares at book value as per the valuation report from a practicing CA for more than 10 years, is it a sufficient compliance in regard to valuation of shares

Views (3613)
Posted By: Ramesh 12 year(s) ago

Answer

Under private placement route, can shares be issued at a price different- high or low, than valuation report Read More
Under private placement route, can shares be issued at a price different- high or low, than valuation report

Views (3477)
Posted By: Kejal shah 12 year(s) ago

Answer

1. A COMPANY RECD SHARE APPLICATION MONEY BEFORE 31.03.2014 AND WANT TO ALLOT IT ON 26.05.2014 WHAT ARE THE FORMALITIES FOR ROC CO Read More
1. A COMPANY RECD SHARE APPLICATION MONEY BEFORE 31.03.2014 AND WANT TO ALLOT IT ON 26.05.2014 WHAT ARE THE FORMALITIES FOR ROC COMPLIANCE 2. AND IF IT IS BEFORE 2014 FOR EXAMPLE SHARE APPLICATION MONEY RECD AND ALLOTMENT IN MARCH 2014

Views (3829)
Posted By: Reena 12 year(s) ago

Answer

A private company having an authorised capital of Rs. 2 Crores wish to takeover the business of a partnership firm. In that firm b Read More
A private company having an authorised capital of Rs. 2 Crores wish to takeover the business of a partnership firm. In that firm both the partners hv contributed 75 lacs each as their capital contribution. i.e Rs.1.50 Cr.The company proposes to issue equity shares to both the partners at par i.e issue of 1500000 shares of Rs.10/- each. As the company is not getting hard cash at the time of allotment,this shares will be issued for consideration other than cash. My query is about what option is to be selected for point no 4 (iv) of the form PAS 3, consideration received is (a)- assets and property acquired or (b)- Goodwill or (d)-Conversion of loan or (e) any other and write against capital contributed in firm.Further how this allotment will take place. Are we require to follow the whole private placement procedure.

Views (3080)
Posted By: Anita 11 year(s) ago

Answer

But Akansha,But in this case how we can issue offer letter and comply with the other provisions of private placement.We are issuin Read More
But Akansha,But in this case how we can issue offer letter and comply with the other provisions of private placement.We are issuing shares as a payment of the business acquired by the company.It has been mutually agreed by both the parties in advance. Further in private placement provisions there is no mention of issue of shares for consideration other thn cash.Only in section 62 a breif mention of this is given

Views (3259)
Posted By: Anita 11 year(s) ago

Answer

Thanks Akansha, but how will we comply with the procedure of sec 42. One of the condition of section 42 is that consideration must Read More
Thanks Akansha, but how will we comply with the procedure of sec 42. One of the condition of section 42 is that consideration must be in cash paid through cheque (bank) and the amount should not be less than 20000/-. In our case there is no cash and the consideration has been received at the time of takeover of the business and the shares are being issued at par as agreed between the parties. Now what will we do about Valuation?

Views (3034)
Posted By: Anita 11 year(s) ago

Answer

Hi, A Pvt. Ltd co has authorized capital of 10 lacs and issued capital of 9.65 lacs. how by means of private placement it has made Read More
Hi, A Pvt. Ltd co has authorized capital of 10 lacs and issued capital of 9.65 lacs. how by means of private placement it has made an offer of 0.20 lacs. does the co need to file MGT - 14 before allotment of shares (in PAS- 3) by way of private placement. After allotment can the Pvt ltd Co take loan of 10 lacs from the new member if the co has taken a Term loan from a nationalized bank which has said that margin of 40% is to be brought in by promoters before disbursement of full loan amount.

Views (4519)
Posted By: P banerjee 11 year(s) ago

Answer

Hi Everyone, Can anybody provide with the format of Share certificate for preference Shares. In SH-1 its specifically mentioned Eq Read More
Hi Everyone, Can anybody provide with the format of Share certificate for preference Shares. In SH-1 its specifically mentioned Equity Share.

Views (3339)
Posted By: Haryana 11 year(s) ago

Answer

PREFERENCE SHARE allotment other than existing share holder can be treated as Private placement Read More
PREFERENCE SHARE allotment other than existing share holder can be treated as Private placement

Views (3156)
Posted By: Dhananjay 11 year(s) ago

Answer

A Closely held Private Limited Company wants to raise equity capital from another company (not a subsidiary/ holding/ associate co Read More
A Closely held Private Limited Company wants to raise equity capital from another company (not a subsidiary/ holding/ associate company) through private placement at Par i.e. Rs.10/- per share. The Book Value/Fair Market Value arrived at following the Valuation Procedure comes to Rs.35/- per share. Can the company issue shares at Rs.10/- per share. Is it permitted under the Companies Act, 2013?

Views (4593)
Posted By: Piyush 11 year(s) ago

Answer

WHAT IS THE PROCEDURE TO ALLOT SHARES TO A DIRECTOR AGAINST LOAN . IS THERE ANY CHANGE WHETHER HE IS A SHAREHOLDER OR NOT Read More
WHAT IS THE PROCEDURE TO ALLOT SHARES TO A DIRECTOR AGAINST LOAN . IS THERE ANY CHANGE WHETHER HE IS A SHAREHOLDER OR NOT

Views (3001)
Posted By: Reena 12 year(s) ago

Answer

In continuation to my earlier question do we require to file two Form GNL-2 as the form accept only one document (PAS-4 orPAS-5)at Read More
In continuation to my earlier question do we require to file two Form GNL-2 as the form accept only one document (PAS-4 orPAS-5)at a time or it is sufficient to file PAS-5 with PAS-3 form after allotment.

Views (2665)
Posted By: Anita 12 year(s) ago

Answer

SIR, What will be procedure for filing the return of allotment if it is in march 2014 such as Pas-5 , Valuation Report etc Read More
SIR, What will be procedure for filing the return of allotment if it is in march 2014 such as Pas-5 , Valuation Report etc

Views (3332)
Posted By: Reena 12 year(s) ago

Answer

Rule 14(2) (a) of Companies (Prospectus and Allotment of Securities) Rules, 2014 provides that A company shall not make a privat Read More
Rule 14(2) (a) of Companies (Prospectus and Allotment of Securities) Rules, 2014 provides that A company shall not make a private placement of its securities unless the proposed offer of securities or invitation to subscribe securities has been previously approved by the shareholders of the company, by a Special Resolution, for each of the Offers or Invitations:Provided that in the explanatory statement annexed to the notice for the general meeting the basis or justification for the price (including premium, if any) at which the offer or invitation is being made shall be disclosedProvided further that in case of offer or invitation for non-convertible debentures, it shall be sufficient if the company passes a previous special resolution only once in a year for all the offers or invitation for such debentures during the year.In the Companies Act 2013 YEAR has not been defined. Further section 2 (95) provides that words and expressions used and not defined in this Act but defined in the Securities Contracts (Regulation) Act, 1956 or the Securities and Exchange Board of India Act, 1992 or the Depositories Act, 1996 shall have the meanings respectively assigned to them in those Acts.The word YEAR has also not been defined in the Securities Contracts (Regulation) Act, 1956 or the Securities and Exchange Board of India Act, 1992 or the Depositories Act, 1996.Considering the above, views are sought if the approval of shareholders under the second proviso to Rule 14(2) (a) of Companies (Prospectus and Allotment of Securities) Rules, 2014 needs to be taken on Financial year (defined in Companies Act 2013) basis or the said approval of shareholders can be taken on AGM to AGM basis or on calendar year basis.:

Views (2905)
Posted By: Manohar balwani 12 year(s) ago

Answer

THis is in connection with issue and allotment of shares to a foreign parent co under new Act. FEMA requires shares to be issued a Read More
THis is in connection with issue and allotment of shares to a foreign parent co under new Act. FEMA requires shares to be issued at fair value certified by auditors. Also, Section 62 of the new Act requires that issue of shares should be at value determined by the registered valuer. In one case, the value of share is around Rs. 1.2 whereas the face value is Rs. 10. Section 53 of the Act prohibits issue of shares at discount. We are confused. If the issue is in accordance with Section 62, i e at Rs. 1.2, there will be a violation of section 53. Is there any conceptual misunderstanding By Hina Sadrani, Self Employed

Views (3834)
Posted By: Vivek vijay 13 year(s) ago

Answer

1. Allotment of shares in April 2014 to be done as per the Shareholders Agreement entered prior to 31st March 2014 - Will it requi Read More
1. Allotment of shares in April 2014 to be done as per the Shareholders Agreement entered prior to 31st March 2014 - Will it require to follow private placement guidelines. 2. Form 2 is pending for filing as on 31st March 2014 - Will it accept board resolution without letter of offer; etc if filed in May 2014

Views (3283)
Posted By: Chirag shah 12 year(s) ago

Answer

As per Section 23 (2) for private limited company private placement it need to complied with part II i.e 42 further also need to Read More
As per Section 23 (2) for private limited company private placement it need to complied with part II i.e 42 further also need to complied with section 62, thus is it necessary to company to file PAS-4 as per rules and complied please give expert advice.

Views (3295)
Posted By: Cs ram thakkar 12 year(s) ago

Answer

For Private placement by Pvt Ltd company Does section 42 , rule their under, Sec 62 rules there under applies and if so Rule 14 (c Read More
For Private placement by Pvt Ltd company Does section 42 , rule their under, Sec 62 rules there under applies and if so Rule 14 (c) of the Companies (Prospectus and Allotment of Securities) Rules, 2014 requires private placement requires minimum investment size Rs. 20,000 what is the intention and requirement, does it means now from 01.4.2014 u can not have a shareholder in private limited company less than Rs. 20,000, please give ur expert comment.

Views (3140)
Posted By: Cs ram thakkar 12 year(s) ago

Answer

A Company has passed a resolution for issue of debentures and the draft letter of offer has also been approved by the Board which Read More
A Company has passed a resolution for issue of debentures and the draft letter of offer has also been approved by the Board which would be taken to the shareholders for their approval. Can the company also at the same Board meeting authorise the Chairman or Company Secretary to issue the offer letter for the preferential issue once the same is approved by the shareholders or should the company again hold a board meeting after the General meeting to approve the issue of the offer letter.

Views (3091)
Posted By: Arun kumar 12 year(s) ago

Answer

what is the difference between private placement and preferential allotment for a private limited company. I a private company wis Read More
what is the difference between private placement and preferential allotment for a private limited company. I a private company wish to raise some capital by issuing new shares to some of the freinds and family members of the directors/promoters which section will be applicable sec 42 or 62. Further we treat this as a private placement thn will the valuation of shares is required by the registered valuer which is a requirement of sec 62. further who r these registered valuer as on today.

Views (3312)
Posted By: Anita 12 year(s) ago

Answer

One company has pass special resolution u/s. 42 read with 62 with relevant rules under provisions of Co. Act, 2013 for offer, issu Read More
One company has pass special resolution u/s. 42 read with 62 with relevant rules under provisions of Co. Act, 2013 for offer, issue of and allotment of Shares of Rs. 5 Crores to 120 persons in one or more tranches and as per the provisions of act and rules the validity of resolution is 12 months from the date of passing of resolution. The Board of Directors have approved Letter of offer in Form PAS4 and send the same first to 42 persons out of 120 persons ? We want following clarifications : 01. What is validity of Private Placement offer Letter in Form PAS4. ? 30 days or 12 months. 02. The company send offer letter to first 42 persons and made allotment and then we want to send offer letter to another 45 person out of 120 person, should the company need to prepare and approved offer letter in Form PAS -4 again and again until the completion of allotment for the total shares for which special resolution passed ? 03. Whether company need to maintain record in Form PAS 5 again and again when the company send Offer to total 120 persons until completion of allotment of total shares under special resolution passed ?

Views (3985)
Posted By: Vasant patel 12 year(s) ago

Answer

A newly incorporated private limited company wants to issue equity shares at par i.e Rs.10.00 per share. How will the valuation of Read More
A newly incorporated private limited company wants to issue equity shares at par i.e Rs.10.00 per share. How will the valuation of shares be done? Are there any valuation rules or any precise format of Valuation Report?

Views (2772)
Posted By: Piyush 12 year(s) ago

Answer

If a company allot some shares to a PIO and he paid the money through his NRO a/c what requirements are to be complied with in res Read More
If a company allot some shares to a PIO and he paid the money through his NRO a/c what requirements are to be complied with in respect of RBI and AD bank. There is no receipt of foreign currency but the company will enter a foreign address in its register of members.

Views (3001)
Posted By: Anita 12 year(s) ago

Answer

Dear Sir, Rule 14(1)(b) of Companies (prospectus of securities) Rules, 2014 with regard to private placement states that pvt. plac Read More
Dear Sir, Rule 14(1)(b) of Companies (prospectus of securities) Rules, 2014 with regard to private placement states that pvt. placement offer letter accompanied by application form shall be sent " EITHER IN WRITING OR IN E-MODE". What does the word "IN WRITING" states? , does it includes delivery of offer letter"BY HAND"?

Views (3287)
Posted By: Vishal arora 12 year(s) ago

Answer

If a company hold an EOGM to approve the offer of shares u/s 42 & 62 and file MGT-14 within 30 days and then call board meeting ne Read More
If a company hold an EOGM to approve the offer of shares u/s 42 & 62 and file MGT-14 within 30 days and then call board meeting next month and issue offer letter, F-GNL-2 with PAS-4 is to be filed within 30 days of this board meeting but Form GNL-2 asks for the EOGM date only. How should we file PAS-4 issued in the board meeting held after EOGM? I we enter the details of MGT-14 and date of EOGM in point 5 of the form then point 8 automatically filled up with the same date. But in fact the two dates are different. The PAS 4 is issued in the Board meeting after one month of the EOGM and if we file the form with EOGM date it will be late obviously and otherwise also it is not correct. PAS4 is to be filed within 30 days of its issue date.Can anybody help if they hv filed this form? itis urgent.

Views (2895)
Posted By: Anita 12 year(s) ago

Answer

process of transfer of share of pvt ltd Read More
process of transfer of share of pvt ltd

Views (3836)
Posted By: Anshul mittal 12 year(s) ago

Answer

Is anyone have sample of Debenture Trust Deed as per SH-12? Read More
Is anyone have sample of Debenture Trust Deed as per SH-12?

Views (2888)
Posted By: Radhika 11 year(s) ago

Answer

Is there any format of application form available for subscription of non convertible redeemable cumulative preference shares unde Read More
Is there any format of application form available for subscription of non convertible redeemable cumulative preference shares under private placement ?

Views (4031)
Posted By: Mohan srinivasan 11 year(s) ago

Answer

Our company is a private company and wants to issue Preference Shares on private placement basis. Kindly let me know the procedure Read More
Our company is a private company and wants to issue Preference Shares on private placement basis. Kindly let me know the procedure for the same and also if you could provide with the event wise chart and draft documents for the same. Regards, Isha

Views (2932)
Posted By: Haryana 11 year(s) ago

Answer

Can a Private Limited Company issue convertible warrants to its Promoters Directors? If yes. Whether there are any provisions simi Read More
Can a Private Limited Company issue convertible warrants to its Promoters Directors? If yes. Whether there are any provisions similar to Regulation 75 & Regulation 77 of the SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2009, regarding tenure of convertible securities and Payment of consideration which are applicable to Private Limited Company?

Views (5194)
Posted By: Vikram 11 year(s) ago

Answer

Dear Members, I am looking for a checklist for allotment of debentures in a private limited Company. Request you to provide the sa Read More
Dear Members, I am looking for a checklist for allotment of debentures in a private limited Company. Request you to provide the same.

Views (3019)
Posted By: Vinay b l 11 year(s) ago

Answer

Whether the allotment of Unsecured Debenture to Foreign Body Corporate is exempted from the definition of Deposit Read More
Whether the allotment of Unsecured Debenture to Foreign Body Corporate is exempted from the definition of Deposit

Views (2948)
Posted By: Sunil kumar singla 11 year(s) ago

Answer

We are issuing shares to a person in exchange providing advisory services to the co. t. It gets covered under 62(1)(c) preferentia Read More
We are issuing shares to a person in exchange providing advisory services to the co. t. It gets covered under 62(1)(c) preferential allotment for consideration other than cash. Act says also follow sec 42 i.e. pvt. placement which talks about that the amount for issue of shares should come by way of cheque in a separate bank account. But there is no money coming. Only in exchange of services, we are giving shares. How to comply with Section 42?

Views (2854)
Posted By: Revathy` 11 year(s) ago

Answer

PAS-6 is not release for private placement offer . please explain Read More
PAS-6 is not release for private placement offer . please explain

Views (3088)
Posted By: Sapna tomar 11 year(s) ago

Answer

Please advise when to open and when to close the offer after shareholders meeting in case of private placement. Read More
Please advise when to open and when to close the offer after shareholders meeting in case of private placement.

Views (2585)
Posted By: Ravinder 11 year(s) ago

Answer

Please advise when to open and when to close the offer after shareholders meeting in case of private placement. Read More
Please advise when to open and when to close the offer after shareholders meeting in case of private placement.

Views (3047)
Posted By: Ravinder 11 year(s) ago

Answer

Please advise when to open and when to close the offer after shareholders meeting in case of private placement. Read More
Please advise when to open and when to close the offer after shareholders meeting in case of private placement.

Views (2972)
Posted By: Ravinder 11 year(s) ago

Answer

A Pvt Comany wants to issue shares on preferential placement basis. The Book value of the shares comes to Rs. 20/- per share and v Read More
A Pvt Comany wants to issue shares on preferential placement basis. The Book value of the shares comes to Rs. 20/- per share and value as per discounted cash flow comes to Rs. 40/- per share. Can the Comapny issue shares @ a price of Rs. 160/- per share if any shareholder is willing to buy it?

Views (4202)
Posted By: Hardam singh 11 year(s) ago

Answer

ESOP issued to foreign subsidiary has been vested and during the time of allotment, can i get the excercise price & related perqui Read More
ESOP issued to foreign subsidiary has been vested and during the time of allotment, can i get the excercise price & related perquisite tax in INR or the employees has to deposit in USD? or exercise price should be in INR & tax amount to be collected in US? Which tax to be deducted, it is as per US taxation or Indian taxation.

Views (3784)
Posted By: Rajapanduranga 11 year(s) ago

Answer

if a company takes over a proprietorship firm and issue share to such proprietor in consideration of same. now it is a matter of i Read More
if a company takes over a proprietorship firm and issue share to such proprietor in consideration of same. now it is a matter of issue of shares other than cash. my question is mere filling of PAS-3 with the attachment of contract paper of takeover and valuation report fulfill the requirement of law. or we have to follow separate provision of preferential allotment

Views (2447)
Posted By: Cs rohit 10 year(s) ago

Answer

Would an issue of unsecured non convertible debentures on private placement basis by a listed company be considered as issue of de Read More
Would an issue of unsecured non convertible debentures on private placement basis by a listed company be considered as issue of deposit??

Views (4484)
Posted By: Shrenik 11 year(s) ago

Answer

Would an issue of unsecured non convertible debentures on private placement basis by a listed company fall under the definition of Read More
Would an issue of unsecured non convertible debentures on private placement basis by a listed company fall under the definition of deposits??

Views (4698)
Posted By: Shrenik 11 year(s) ago

Answer

Please give me the procedure for Issue of Share of Producer company ? more than 200 hunderd members ? Read More
Please give me the procedure for Issue of Share of Producer company ? more than 200 hunderd members ?

Views (3392)
Posted By: Satish kshirsagar 11 year(s) ago

Answer

Please let us know the procedure and the documents required for allotment of shares at premium value. Read More
Please let us know the procedure and the documents required for allotment of shares at premium value.

Views (3127)
Posted By: Aishwarya 11 year(s) ago

Answer

Please advise when to open and when to close the offer after shareholders meeting in case of private placement. Read More
Please advise when to open and when to close the offer after shareholders meeting in case of private placement.

Views (3002)
Posted By: Ravinder 11 year(s) ago

Answer

Director of Unlisted public limited deposited money with the Company as a deposit. Now company wants to issue shares in lieu of de Read More
Director of Unlisted public limited deposited money with the Company as a deposit. Now company wants to issue shares in lieu of deposits. Can a company issue shares to such Director ? If yes how the conditions of separate bank account, PAS 4 and 5 can be fulfilled ?

Views (4321)
Posted By: Atul kulkarni 11 year(s) ago

Answer

hello everyone,i want to know the reaquirement of an agreement for sweat equity shares.I couldnt find anywhere in the act nor the Read More
hello everyone,i want to know the reaquirement of an agreement for sweat equity shares.I couldnt find anywhere in the act nor the rules regarding sweat equity share agreement .Could anyone pls elaborate plus can restrictive clause such as if an employee leaves an organisation they are required to transfer the share back to company be given in such an agreement

Views (2833)
Posted By: Gowri 11 year(s) ago

Answer

Whether unsecured Non Convertible debentures issued by unlisted public limited company are considered as deposit or not? Read More
Whether unsecured Non Convertible debentures issued by unlisted public limited company are considered as deposit or not?

Views (3379)
Posted By: Ramnik bhimani 11 year(s) ago

Penalties

Answer

Till what time can e-form filing be delayed without attracting any prosecution and by only incurring additional fees. First Provis Read More
Till what time can e-form filing be delayed without attracting any prosecution and by only incurring additional fees. First Proviso to sub-section (1) of Section 403 of the Companies Act, 2013 provides time up to 270 days from the date of the event for filing the various returns / forms by only incurring additional fee and not attracting any prosecution or other penalty. Am I right in my understanding that delay in filing various returns / forms under the Companies Act 2013 up to 270 days from the date of the event would only attract additional fees and no other penal action.

Views (1886)
Posted By: Arun kumar 12 year(s) ago

Answer

before which court can Iile prosection under section 452 of the new companies act Read More
before which court can Iile prosection under section 452 of the new companies act

Views (2460)
Posted By: Dawood 11 year(s) ago

Answer

A private limited company was incorporated in 2008 with authorized capital of Rupees one lakh and paid up capital of Rs 0. The com Read More
A private limited company was incorporated in 2008 with authorized capital of Rupees one lakh and paid up capital of Rs 0. The company didn't do any business and doesn't even have a bank account. The company also didn't file any balance sheet or AGM details with ROC. How much penality ( approximate figure ) needs to be paid to ROC to close this company before it can be closed via FTE?

Views (2101)
Posted By: Sangeetha 11 year(s) ago

Compliances

Answer

You are requested to advice me, whether form MGT-14 to be filed for increased in authorized Capital (Ordinary Resolution) apart f Read More
You are requested to advice me, whether form MGT-14 to be filed for increased in authorized Capital (Ordinary Resolution) apart from Filing Form SH-7? If no, how the amended MOA will get registered with Registrar.

Views (7542)
Posted By: Vijay oganiya 11 year(s) ago

Answer

Do a private company which is a subsidiary of public company need to comply with all compliances applicable to public company, if Read More
Do a private company which is a subsidiary of public company need to comply with all compliances applicable to public company, if it meets the threshold limits of capital and turnover etc?

Views (3172)
Posted By: Monika bhardwaj 12 year(s) ago

Answer

Is compliance certificate u/s 383A of the old Act applcable for the Financial Year ended 31.03.2014? Read More
Is compliance certificate u/s 383A of the old Act applcable for the Financial Year ended 31.03.2014?

Views (3574)
Posted By: Vithal kumar pingali 12 year(s) ago

Answer

EARLIER, A COMPANY HAD TO FILE FOLLOWING FORMS IN ANNUAL FILING I.E. 20B, 23B 23AC 23ACA & 66. NOW, SINCE NO CHANGE HAS BEEN PRESC Read More
EARLIER, A COMPANY HAD TO FILE FOLLOWING FORMS IN ANNUAL FILING I.E. 20B, 23B 23AC 23ACA & 66. NOW, SINCE NO CHANGE HAS BEEN PRESCRIBED IN RESPECT TO ALL THESE FORMS EXCEPT 23B, SHOULD A COMPANY FILE THE SAME AS ANNUAL FILING OR THERE IS SOME OTHER COMPLIANCE REQUIREMENTS?

Views (1848)
Posted By: Krishna kumar gaggar 12 year(s) ago

Answer

As per CLSS 2014 Form 23B Can be filed, however Form 23B is not available on MCA 21 Portal, so can we use old Form 23B or is their Read More
As per CLSS 2014 Form 23B Can be filed, however Form 23B is not available on MCA 21 Portal, so can we use old Form 23B or is their any other alternative

Views (3982)
Posted By: Venkatesh babu t r 12 year(s) ago

Answer

Please clarify - there is any time limit to update MOA & AOA as per the New Companies Act, 2013 to existing companies. Read More
Please clarify - there is any time limit to update MOA & AOA as per the New Companies Act, 2013 to existing companies.

Views (27784)
Posted By: Sunil kumar agrawal 11 year(s) ago

Answer

A director in a private company is also a director in another private company (common directorship) and he disclosed his interest Read More
A director in a private company is also a director in another private company (common directorship) and he disclosed his interest pursuant to Sec.184(1) of CA2013. Now for any transactions(supply agreement) entered into by this private company with that other private company the transactios of which are in the ordinary course of business and on arm's length basis whether such transactions are still to be approved by the Board and entered in the Register of Contract considering the exemptions now available to the private company.

Views (2123)
Posted By: Vijay shankar 10 year(s) ago

Answer

pvt ltd company is incorporated on 20th march 2015, my query is for which period annual returns should we file i.e. 20.03.15 to 31 Read More
pvt ltd company is incorporated on 20th march 2015, my query is for which period annual returns should we file i.e. 20.03.15 to 31.03.15 or 20.03.15 to 31.03.16.

Views (2350)
Posted By: Kamlsh tripathi 10 year(s) ago

Answer

MCA has amended companies(acceptance of deposits) Rules, 2014 which says any amount which is disclosed in the b/s of a company for Read More
MCA has amended companies(acceptance of deposits) Rules, 2014 which says any amount which is disclosed in the b/s of a company for the F.Y. ending 31st march 2014 against which allotment is pending on 31st march 2015, such company shall return such amounts to the person or allot shares, debentures etc. my query is what will be the allotment procedures.

Views (2246)
Posted By: Kamal 11 year(s) ago

Answer

Is there any list of sections not applicable to private limited company in Co Act 2013 Read More
Is there any list of sections not applicable to private limited company in Co Act 2013

Views (3098)
Posted By: Vishwaradhya 11 year(s) ago

Answer

IN THE CASE OF A PRIVATE COMPANY WHICH HAS ACQUIRED 100 PERCENT SHARES OF ANOTHER PRIVATE COMPANY AND MADE THE OTHER COMPANY AS I Read More
IN THE CASE OF A PRIVATE COMPANY WHICH HAS ACQUIRED 100 PERCENT SHARES OF ANOTHER PRIVATE COMPANY AND MADE THE OTHER COMPANY AS ITS WHOLLY OWNED SUBSIDIARY, FOR QUORUM PURPOSE HAS TO HAVE TWO MEMBERS. THE QUERY IS WHETHER MGT-4 SHOULD BE GIVEN BY THE COMPANY AND MGT-5 TOBE GIVEN BY THE NOMINESS WHOS IS THE DEFACTO HOLDER OF SAY ONE OR 10 SHARES. OFCOURSE THE MGT-6 IS GILED BY THE SUBSIDIARY COMPANY WITH ROC.

Views (1940)
Posted By: P k krishnamurthy 11 year(s) ago

Answer

Can a company gives loan to its fellow subsidiary. 1. Having common director 2. no common directors Is it permissible under Read More
Can a company gives loan to its fellow subsidiary. 1. Having common director 2. no common directors Is it permissible under Section 185 of the Companies Act, 2013.

Views (2944)
Posted By: Haryana 11 year(s) ago

Answer

A Person wants to Transfer its shares in an unlisted public company, registered office of which is situated at Nagpur and both Tra Read More
A Person wants to Transfer its shares in an unlisted public company, registered office of which is situated at Nagpur and both Transferor and Transferee blong toPanipat ,a city in Haryana and they will execute the Form SH-4 in Panipat only. Under which act Stamp Duty will be paid Maharashtra or Haryana??. If maharashtra how will they purchase Share Transfer Stamp as they both are based in haryana. and How will Market Price of shares be calculated, as stamp on share transfer is .25 % on Consideration Paid or Market Price of the Shares , whichever is higher?.

Views (2203)
Posted By: Mahak 11 year(s) ago

Answer

Compliance certificate for FY 1314 to be obtained from PCS is governed by Sec 383A of CA 1956. Proviso to Sec 383A(1) states that Read More
Compliance certificate for FY 1314 to be obtained from PCS is governed by Sec 383A of CA 1956. Proviso to Sec 383A(1) states that the certificate shall relate to compliances under this act. However 98 sections of CA 2013 were made effective from Sept 2013. In light of these facts, is it necessary for the PCS to report on compliances under CA 2013 as well for FY 1314?

Views (2306)
Posted By: Latha 12 year(s) ago

Answer

Please clarify whether the approval of financial statements by the board of directors is to be filed for the Financial statements Read More
Please clarify whether the approval of financial statements by the board of directors is to be filed for the Financial statements of FY 13-14, If yes, then in which form?

Views (2716)
Posted By: Revati galgali 12 year(s) ago

Answer

The Company has failed to file FORM 23 in case of a special resolution passed in the year 2013. Since more than 270 days is over, Read More
The Company has failed to file FORM 23 in case of a special resolution passed in the year 2013. Since more than 270 days is over, the company is not able to file form mgt -14 under new companies act, 2013 as it is asking for order under INC-28. Which form to be used for applying for condonation of delay and file the special resolution.

Views (6008)
Posted By: Comsec 12 year(s) ago

Answer

Should return of allotment be filed for allotment of Compulsorily Convertible Debentures in Form PAS 3. At the time of conversion Read More
Should return of allotment be filed for allotment of Compulsorily Convertible Debentures in Form PAS 3. At the time of conversion, what form needs to be filed for extinguishing the debentures, apart from Form PAS 3 for the equity shares allotted pursuant to the conversion.

Views (2880)
Posted By: Arun kumar 12 year(s) ago

Answer

CAN ANYBODY TELL ME, WHICH FORM I SHOULD FILE FOR INTIMATING THE APPOINMENT OF AUDITOR FOR THE YEAR 2011-12 Read More
CAN ANYBODY TELL ME, WHICH FORM I SHOULD FILE FOR INTIMATING THE APPOINMENT OF AUDITOR FOR THE YEAR 2011-12

Views (6844)
Posted By: Rajeesh kumar c 12 year(s) ago

Answer

Does the Companies Act 2013 require mandatory maintenance of all the registers in electronic form. Further, should the entries mad Read More
Does the Companies Act 2013 require mandatory maintenance of all the registers in electronic form. Further, should the entries made in the Registers prior to 31st March 2014 also need to be re-entered in the new format under the Companies Act 2013.

Views (1745)
Posted By: Arun kumar 12 year(s) ago

Answer

If a listed company had already constituted a nomination & remuneration committee, stakeholder relationship committee and audit co Read More
If a listed company had already constituted a nomination & remuneration committee, stakeholder relationship committee and audit committee before the commencement of the new act, 2013 then is it mandatory to reconstitute them and what is the procedure for the same?

Views (1766)
Posted By: Rajesh agrawal 12 year(s) ago

Answer

Whether it is mandatory to attach and send form MBP.1 along with copy of resolution passed u/s 184(1) regarding disclosure of dire Read More
Whether it is mandatory to attach and send form MBP.1 along with copy of resolution passed u/s 184(1) regarding disclosure of director’s interest through form MGT.14 for all the companies

Views (1888)
Posted By: Krishna kumar gaggar 12 year(s) ago

Answer

Please give me a list of mandatory registers to be maintained by a listed company under companies act, 2013 Read More
Please give me a list of mandatory registers to be maintained by a listed company under companies act, 2013

Views (1817)
Posted By: Rajesh agrawal 12 year(s) ago

Answer

Is there any change in the Format of Compliance Certificate u/s 383A to be issued for the year ended on 31.03.2014. If so, please Read More
Is there any change in the Format of Compliance Certificate u/s 383A to be issued for the year ended on 31.03.2014. If so, please provide me the new format of Compalince Certificate.

Views (1972)
Posted By: Dhavneesh gupta 12 year(s) ago

Answer

Whether 98 sections notified on 12.09.2013 has to be considered while issuing Compliance Certificate u/s 383A for the year ended o Read More
Whether 98 sections notified on 12.09.2013 has to be considered while issuing Compliance Certificate u/s 383A for the year ended on 31.03.2014? and If Yes, Please provide me the list of sections required to be considered while preparing that Compliance Certificate.

Views (2049)
Posted By: Dhavneesh gupta 12 year(s) ago

Answer

What is the date of commencement of the New Companies Act, 2013? Read More
What is the date of commencement of the New Companies Act, 2013?

Views (2037)
Posted By: Bharat 12 year(s) ago

Answer

The Companies (Acceptance of Deposits) Rules, 2014 contains definition of both deposit and depositor. While deposit covers many ca Read More
The Companies (Acceptance of Deposits) Rules, 2014 contains definition of both deposit and depositor. While deposit covers many categories of persons, the depositor on the other hand is defined as the member of the company who has made a deposit with the company in accordance with the provisions of sub-section (2) of section 73 of the Act. So while filing Form DPT-4, whom should we cover i e. only members of the company or all the categories as covered in deposits?

Views (4355)
Posted By: Krishna kumar gaggar 12 year(s) ago

Answer

WHETHER CERTIFYING THE DPT 4 FORM ITSELF BY THE CA IS SUFFICIENT COMPLIANCE OF THE RELEVANT DEPOSIT RULES OR A SEPARATE CA CERTIFI Read More
WHETHER CERTIFYING THE DPT 4 FORM ITSELF BY THE CA IS SUFFICIENT COMPLIANCE OF THE RELEVANT DEPOSIT RULES OR A SEPARATE CA CERTIFICATE HAS TO BE ANNEXED? IN CASE OF INDEPENDENT CERTIFICATE, WHAT SHOULD BE THE CONTENT?

Views (3482)
Posted By: Krishna kumar gaggar 12 year(s) ago

Answer

The compliance certificate for the year 2013-14 to be issued should be as per the earlier format or it should also mention complia Read More
The compliance certificate for the year 2013-14 to be issued should be as per the earlier format or it should also mention compliance of sections of Companies Act, 2013 which had become applicable during the 2013-14 ? Can u pl share the format of new compliance certificate if any ?

Views (2031)
Posted By: Sandhya 12 year(s) ago

Answer

Is secretarial audit applicable for FY 2013-14 Read More
Is secretarial audit applicable for FY 2013-14

Views (1790)
Posted By: Arun kumar 12 year(s) ago

Answer

As per Section 403 of the Companies Act, 2013 if a particular form is not filed within the time specified, the same can be filed Read More
As per Section 403 of the Companies Act, 2013 if a particular form is not filed within the time specified, the same can be filed within a period of 270 days with additional fees. However, if the delay in filing is beyond 270 days (including the time limit specified under the relevant provision) than, what is the procedure to be followed and if it leads to filing of condonation of delay , what is the prescribed form in which application is required to be made to the Central Government?

Views (8457)
Posted By: Manoj kumar koyalkar 11 year(s) ago

Answer

As per Section 403 of the Companies Act, 2013 if a particular form is not filed within the time specified, the same can be filed Read More
As per Section 403 of the Companies Act, 2013 if a particular form is not filed within the time specified, the same can be filed within a period of 270 days with additional fees. However, if the delay in filing is beyond 270 days (including the time limit specified under the relevant provision) than, what is the procedure to be followed and if it leads to filing of condonation of delay , what is the prescribed form in which application is required to be made to the Central Government?

Views (2358)
Posted By: Manoj kumar koyalkar 11 year(s) ago

Answer

Hi, What are the requirements for change in registered office within the same city/state?Do we have any specific definition for lo Read More
Hi, What are the requirements for change in registered office within the same city/state?Do we have any specific definition for local limits?

Views (2568)
Posted By: Charu khatri 11 year(s) ago

Answer

A company wish to complete its pending annual filing under CLSS scheme but it is in default of filing Form DIN3 also therefore the Read More
A company wish to complete its pending annual filing under CLSS scheme but it is in default of filing Form DIN3 also therefore the site is not showing signatories details and now the Form DIN 3 is not available. How to file Director's details with ROC in absence of DIN-3 before starting annual filing

Views (1837)
Posted By: Anita 12 year(s) ago

Answer

Can AGM be held outside India as both members of the company are outside INDIA.......... Read More
Can AGM be held outside India as both members of the company are outside INDIA..........

Views (2047)
Posted By: Vandana bhatia 12 year(s) ago

Answer

If a foriegn Company is holding shares in a Listed company and if it wants to transfer the shares to the resident company, what wi Read More
If a foriegn Company is holding shares in a Listed company and if it wants to transfer the shares to the resident company, what will be the procedure to do the same?

Views (2175)
Posted By: Ravi kiran 11 year(s) ago

Answer

SHARE TRANSFER - Share Transfer Deed exceuted in 2000 by transferor & Tranferee. The shares was delisted from Stock Exchange for 7 Read More
SHARE TRANSFER - Share Transfer Deed exceuted in 2000 by transferor & Tranferee. The shares was delisted from Stock Exchange for 7-8 years. Now the company again listed with stock exchange. The Transfer deed executed in 2000 is valid OR not now for Transfer of Shares. As per the Companies Act, 2013 Transfer deed is not required to authenticate by ROC. The MCA has clarified regarding transfer of shares and validity of transfer deed vide Circular No. 19/2014 dated 12.06.2014. Presently, SH 4 is not required to authenticate by ROC. Pls. clarify FORM 7B executed in 2000 will be required re-validate by ROC. OR the company will accept the same FORM 7B for transfer of shares.

Views (2080)
Posted By: Sunil kumar agrawal 11 year(s) ago

Answer

if a Non-Banking Financial Company Wants to provide loan to domestic Company what would be its procedure?And what Sections would b Read More
if a Non-Banking Financial Company Wants to provide loan to domestic Company what would be its procedure?And what Sections would be attracted?

Views (2152)
Posted By: Kejal shah 11 year(s) ago

Answer

Hi, Is it mandatory to have policy for extending loan/ advances to employees and salary advance in case of private ltd. company. Read More
Hi, Is it mandatory to have policy for extending loan/ advances to employees and salary advance in case of private ltd. company.

Views (2108)
Posted By: Nidhi goel 11 year(s) ago

Answer

Please clarify regarding Issue of Shares: 1. A Pvt. Ltd. company dealing in Multi media business 2.The remittance received in Read More
Please clarify regarding Issue of Shares: 1. A Pvt. Ltd. company dealing in Multi media business 2.The remittance received in US$ in August 2013. 3. The company has given declaration to the bank on receiving of remittance – the remittance is received as investment by NRI on non repatriation basis. 4. The company has accounted above amount as Unsecured Loan in its Books of accounts. 5. Now, the company desire to convert Unsecured Loan into Equity Shares. 6. Please clarify: Can the company issue Equity shares on conversion of unsecured Loan? If yes What are the formalities need to comply?

Views (1757)
Posted By: Sunil kumar agrawal 11 year(s) ago

Answer

Please clarify - Can a public limited company restrict to transfer of shares? In case of any shareholder of the company desire to Read More
Please clarify - Can a public limited company restrict to transfer of shares? In case of any shareholder of the company desire to transfer of shares, first offer to existing shareholders. This clause may be inserted in AOA - Transfer of Shares.

Views (2132)
Posted By: Sunil kumar agrawal 11 year(s) ago

Answer

Please clarify - A company is maintain its accounts stating from 01.01.2014 closing to 31.12.2014. Is company require to file Annu Read More
Please clarify - A company is maintain its accounts stating from 01.01.2014 closing to 31.12.2014. Is company require to file Annual documents to ROC as per the Companies Act, 1956 Form 23AC 23ACA, 20B & 66? OR Is company require to file documents to ROC as per the Companies act, 2013?

Views (1880)
Posted By: Sunil kumar agrawal 11 year(s) ago

Answer

my query is what are the roc compliance of annual filing for private limited companies.give me list of forms which we have to file Read More
my query is what are the roc compliance of annual filing for private limited companies.give me list of forms which we have to file this year and the due date of them, give me complete detail.

Views (2197)
Posted By: Harpreet 11 year(s) ago

Answer

A Company is holding 99% shares in the B and C Company. Is 'A' Company required to prepare consolidated financial statement of its Read More
A Company is holding 99% shares in the B and C Company. Is 'A' Company required to prepare consolidated financial statement of its Subsidiaries B & C ?

Views (1565)
Posted By: Sreenivas babu 11 year(s) ago

Answer

Company fall under section 139(1) it is filed ADT-1 for FY 2014-15, can company appoint an auditor for period of 4 years for FY 20 Read More
Company fall under section 139(1) it is filed ADT-1 for FY 2014-15, can company appoint an auditor for period of 4 years for FY 2015-19. Is it compulsory to appoint auditor for five years subsequently???

Views (2106)
Posted By: Vijay oganiya 11 year(s) ago

Answer

Can an act done by the Board of Directors, ratified by the shareholder in AGM? Where the AoA of a private Company provide for an O Read More
Can an act done by the Board of Directors, ratified by the shareholder in AGM? Where the AoA of a private Company provide for an Ordinary resolution in a general meeting for further issue of shares and if such a private company issues shares on rights basis to existing shareholders without shareholders consent , can this be ratified by the shareholders in AGM? (There are only 2 members one holding 95% of share capital to whom the allotment is made.) Thanks!

Views (1963)
Posted By: Amruta tendulkar 11 year(s) ago

Answer

Dear All, Our Company's paid up capital is 2,50,000 and Turnover is 1,10,000. Though it is a small company, the Form MGT-7 is a Read More
Dear All, Our Company's paid up capital is 2,50,000 and Turnover is 1,10,000. Though it is a small company, the Form MGT-7 is asking for Certification. Please suggest us in this regard.

Views (3279)
Posted By: Sreenivas babu 11 year(s) ago

Answer

Dear All, In the Form AOC-4, ADDT-1 SRN number is mandatory, We filed GNL-2 for appointment of auditors for the last year, if w Read More
Dear All, In the Form AOC-4, ADDT-1 SRN number is mandatory, We filed GNL-2 for appointment of auditors for the last year, if we fill the GNL-2 SRN it showing the error message while uploading i.e. Invalid GNL-2 SRN Number. Can we attach letter and fill the ADT-1 which we filed for the year 2015-16 and upload? Please suggest us in this regard.

Views (6323)
Posted By: Sreenivas babu 11 year(s) ago

Answer

CAN a Public limited company appoint one person as Managing Director & Chairman of the company? If you - Please provide detail of Read More
CAN a Public limited company appoint one person as Managing Director & Chairman of the company? If you - Please provide detail of legal compliances.

Views (2346)
Posted By: Sunil kumar agrawal 11 year(s) ago

Answer

Is it necessary to re-write entire Statutory Register again under New Act, 2013 from the date of incorporation or we have write re Read More
Is it necessary to re-write entire Statutory Register again under New Act, 2013 from the date of incorporation or we have write register in new format from the date of applicability of new act.

Views (2149)
Posted By: Vijay oganiya 11 year(s) ago

Answer

WHAT IS THE NEW PROCEDURE TO INCREASE THE AUTHORISED SHARE CAPITAL OF A PRIVATE LIMITED Read More
WHAT IS THE NEW PROCEDURE TO INCREASE THE AUTHORISED SHARE CAPITAL OF A PRIVATE LIMITED

Views (2070)
Posted By: Rajeesh kumar c 12 year(s) ago

Answer

Shares of a company listed on a regional stock exchange moved to the Dissemination Board of NSE. For compliance purposes, has this Read More
Shares of a company listed on a regional stock exchange moved to the Dissemination Board of NSE. For compliance purposes, has this company become Unlisted.

Views (2603)
Posted By: P t joseph 12 year(s) ago

Answer

What is the procedure for shares transferring from one director to another director by the private limited company Read More
What is the procedure for shares transferring from one director to another director by the private limited company

Views (3260)
Posted By: Aishwarya 11 year(s) ago

Answer

CAN YOU GIVE THE LIST OF RESOLUTIONS THAT ARE TO BE FILED WITH ROC IN FORM MGT-14 Read More
CAN YOU GIVE THE LIST OF RESOLUTIONS THAT ARE TO BE FILED WITH ROC IN FORM MGT-14

Views (2542)
Posted By: Divakaran suresh 10 year(s) ago

Answer

Please clarify regarding conversion of Preference Shares into Equity Shares. A Private Limited company has issued 5%Cumulative Pre Read More
Please clarify regarding conversion of Preference Shares into Equity Shares. A Private Limited company has issued 5%Cumulative Preference Shares in Year 2005 1. Can the company make a payment of dividend now? The company has not made payment of dividend till now. 2. Can the company convert preference shares into equity shares now? 3. Is there any time limit to convert preference shares into equity shares ?

Views (2089)
Posted By: Sunil kumar agrawal 10 year(s) ago

Answer

Whether in a Private Company consolidation financial statement is mandatory if having wholly owned subsidiary company or associate Read More
Whether in a Private Company consolidation financial statement is mandatory if having wholly owned subsidiary company or associate Company ? and Whether filing is mandatory to ROC ?

Views (3823)
Posted By: Arun rajabhau joshi 10 year(s) ago

Answer

One of my valued client have made payment to IEPF on 4th May 2016 with respect to Unpaid/unclaimed interim dividend 2008-09, throu Read More
One of my valued client have made payment to IEPF on 4th May 2016 with respect to Unpaid/unclaimed interim dividend 2008-09, through TR 6 challan in Punjab National Bank. The Form 1 INV was not available in the MCA site at that time , however the option of payment through TR 6 challan was available. Since they have made payment through challan, no SRN was generated. In such a situation what will be the SRN in IEPF 1? Without SRN , the Form IEPF-1 can not CHECKED FORM. Please help to solve this issue

Views (1848)
Posted By: B.basu 10 year(s) ago

Answer

In Investor Education and Protection Fund Authority (Accounting, Audit, Transfer and Refund) Amendment Rules, 2017, in Rule 6(3)( Read More
In Investor Education and Protection Fund Authority (Accounting, Audit, Transfer and Refund) Amendment Rules, 2017, in Rule 6(3)(d) , in case where shares are held in physical form under (iv) the following is given ' after issue of duplicate share certificates, the company shall inform the depository by way of corporate action to convert the duplicate share certificates into DEMAT form and transfer in favour of the Authority.' Query: An unlisted company which has not registered with any depository for holding shares in demat form and hence has not given option to share holders to hold shares in demat form and all shares are held in physical form, In the above case, for complying with IEPF Rules as per Rule 6(3)(d)(iv) in order to transfer unclaimed shares to IEPF, should the company has to compulsorily get themselves registered with a depository and offer its entire shares the option to hold in demat form and then transfer such of those unclaimed shares from physical to demat form to the credit of IEPF authority. Also as per Rule 7 (4) After verification of the entitlement of the claimant- (b) to the shares claimed, the Authority shall issue a refund sanction order with the approval of the Competent Authority and shall credit the shares to the DEMAT account of the claimant to the extent of the claimant’s entitlement. Query: When the shares of the unlisted company itself is not demat form and company has not offered such facility to shareholders, how the claimant shareholder can hold shares refunded by the Authority in demat account. Requesting your goodself to please clarify

Views (1566)
Posted By: Mukund govindharajan 9 year(s) ago

Answer

Dear sir, can a company keep its books and papers other than registered office of the company? Read More
Dear sir, can a company keep its books and papers other than registered office of the company?

Views (2266)
Posted By: Bunny sehgal 10 year(s) ago

Answer

What are the applicable companies act provisions for deemed public company (WOS of Public company) ? Read More
What are the applicable companies act provisions for deemed public company (WOS of Public company) ?

Views (1864)
Posted By: Vaidyanathan 10 year(s) ago

Answer

Whether in a Private Company consolidation financial statement is mandatory if having wholly owned subsidiary company or associate Read More
Whether in a Private Company consolidation financial statement is mandatory if having wholly owned subsidiary company or associate Company ?

Views (3404)
Posted By: Arun rajabhau joshi 10 year(s) ago

Answer

CAN SHARE BUYBACK AT A DISCOUNT , MEANS LOWER THAN THE FACE VALUE BY THE UNLISTED PUBLIC COMPANY?? Read More
CAN SHARE BUYBACK AT A DISCOUNT , MEANS LOWER THAN THE FACE VALUE BY THE UNLISTED PUBLIC COMPANY??

Views (1903)
Posted By: Avijit 9 year(s) ago

Answer

If a director disqualifies u/s 164(2) then what is the ways to make him qualify again ? Thanks in advance.. Read More
If a director disqualifies u/s 164(2) then what is the ways to make him qualify again ? Thanks in advance..

Views (1551)
Posted By: Aishwarya 9 year(s) ago

Answer

Need a circular no. 3/77 dated 15.04.1977. In the circular tab it cannot be open. Kindly share it. Read More
Need a circular no. 3/77 dated 15.04.1977. In the circular tab it cannot be open. Kindly share it.

Views (3012)
Posted By: Rohit 7 year(s) ago

Answer

Can a Private or Public Ltd company give loan to its shareholders/members who are not directors of the company. Read More
Can a Private or Public Ltd company give loan to its shareholders/members who are not directors of the company.

Views (1678)
Posted By: Divakaran suresh 10 year(s) ago

Answer

As per new Compaines Act 2013, can we submit online the new resolutions passed by Board. Read More
As per new Compaines Act 2013, can we submit online the new resolutions passed by Board.

Views (2242)
Posted By: Sayed mahmood alam 10 year(s) ago

Answer

How a Section Company can change its name? can anyone help with the process. INC-1 / INC-24 /MGT-14 is ok, which other document to Read More
How a Section Company can change its name? can anyone help with the process. INC-1 / INC-24 /MGT-14 is ok, which other document to be filed ?

Views (1895)
Posted By: Viral sanghavi 10 year(s) ago

Answer

Please provide procedure of Buy back of shares. Read More
Please provide procedure of Buy back of shares.

Views (2210)
Posted By: Sunil kumar agrawal 10 year(s) ago

Answer

What is a meaning of Turnover as defined under section 2 (91) of The CA 2013? We understand aggregate value of sale of goods or se Read More
What is a meaning of Turnover as defined under section 2 (91) of The CA 2013? We understand aggregate value of sale of goods or services made during the financial year. Aggregate Value include Excise duty & Sales Tax (if any) i.e Invoice value. OR It will be considered - Opening Debtors (+) add Sales made during the year (-) Less Closing Debtors. The actual realization made during the year. Please clarify.

Views (2004)
Posted By: Sunil kumar agrawal 11 year(s) ago

Answer

Can Company utilise loan for the investment in the shares of Subsidiary Company Read More
Can Company utilise loan for the investment in the shares of Subsidiary Company

Views (2010)
Posted By: Venkatesan 11 year(s) ago

Answer

Can you please guide me with the procedure for alteration of Articles of Association for section 25 companies. our company wants t Read More
Can you please guide me with the procedure for alteration of Articles of Association for section 25 companies. our company wants to alter articles for section 25 to bring in comformit with the CompsniesAct, 2013

Views (1538)
Posted By: Sonam 11 year(s) ago

Answer

Can you please guide me with the procedure for alteration of Articles of Association for section 25 companies. our company wants t Read More
Can you please guide me with the procedure for alteration of Articles of Association for section 25 companies. our company wants to alter articles for section 25 to bring in comformit with the CompsniesAct, 2013

Views (1532)
Posted By: Sonam 11 year(s) ago

Answer

Can you please guide me with the procedure for alteration of Articles of Association for section 25 companies. our company wants t Read More
Can you please guide me with the procedure for alteration of Articles of Association for section 25 companies. our company wants to alter articles for section 25 to bring in comformit with the CompsniesAct, 2013

Views (1923)
Posted By: Sonam 11 year(s) ago

Answer

Can you please guide me with the procedure for alteration of Articles of Association for section 25 companies. our company wants t Read More
Can you please guide me with the procedure for alteration of Articles of Association for section 25 companies. our company wants to alter articles for section 25 to bring in comformit with the CompsniesAct, 2013

Views (1922)
Posted By: Sonam 11 year(s) ago

Answer

Can you please guide me with the procedure for alteration of Articles of Association for section 25 companies. our company wants t Read More
Can you please guide me with the procedure for alteration of Articles of Association for section 25 companies. our company wants to alter articles for section 25 to bring in comformit with the CompsniesAct, 2013

Views (1994)
Posted By: Sonam 11 year(s) ago

Answer

please guide me with the procedure for alteration of Articles for section 25 company to bring it in conformity with the Companies Read More
please guide me with the procedure for alteration of Articles for section 25 company to bring it in conformity with the Companies Act, 2013 and also what forms and prior approval is required to be taken in this regard

Views (2174)
Posted By: Sonam 11 year(s) ago

Answer

Please provide Draft MOA & AOA of Private Limited Company AND Public Limited Company having share capital and limited by shares. Read More
Please provide Draft MOA & AOA of Private Limited Company AND Public Limited Company having share capital and limited by shares.

Views (1986)
Posted By: Sunil kumar agrawal 11 year(s) ago

Answer

Dear Group Members:- Request for provide your views for the below matter :- Roc has filed the case in reference of prosecution un Read More
Dear Group Members:- Request for provide your views for the below matter :- Roc has filed the case in reference of prosecution under section 162 (1), 220 (3) against the company in April 2008 , The Hon'ble CJM COURT, ALIPORE has been stated in the order on 15.09.2014 as The case is withdrawn u/s 257 of CRPC. Is there any need for company to file INC 28 ( form 21 - 1956), if yes then what is the time limit for the same, and as still company has not filed the same what will be steps for the same. If no then why still in master data the same is showing in Prosecution details, company have already send the hard copy to ROC by registered post. In the light of Decision / order of Hon'ble CJM COURT, ALIPORE as stated above company approached the MCA also and from there company got reply "Please contact ROC on this.We are not authorized to do so." Request to guide the same.

Views (2153)
Posted By: Nitn mehta 11 year(s) ago

Answer

how to close subsidary company with no transactions and which has not filed annual return since inception and other subsidary com Read More
how to close subsidary company with no transactions and which has not filed annual return since inception and other subsidary company with no transactions since 4 years

Views (1990)
Posted By: Aravind 11 year(s) ago

Answer

In case of companies other thn small companies and all public companies the form AOC-4 and MGT-7 required to be certified by the p Read More
In case of companies other thn small companies and all public companies the form AOC-4 and MGT-7 required to be certified by the professionals. My query is that when we hv some qualifications on the workings of any company like mostly in case of section 188 all the companies are showing that the related transaction are at arm length and so section 188 does not apply. but if we hv some qualification or on that or on compliance of any other section then how do we register or mark our qualification? By certifying the form we are certifying that the company has complied with all the compliance.

Views (1876)
Posted By: Anita 11 year(s) ago

Answer

Related Party Transactions ( RPT) : whether 10% of the turnover threshold is to be calculated : (a) With reference to RPT contract Read More
Related Party Transactions ( RPT) : whether 10% of the turnover threshold is to be calculated : (a) With reference to RPT contract wise or related party wise ? (b) Turnover to be taken as sale of goods and sale of services together or only on relevant turnover ? (c)Turnover means as shown in P & L A/c or as per definition in Section 2(91) according to which it should be on the basis of realization ?

Views (1605)
Posted By: Manouj agrawaal, fca, partner 11 year(s) ago

Answer

IN CASE OF HOLDING COMPANY FORM AOC-1 IS REQUIRED TO BE FILED, WHETHER AOC-4 CFS IS COMPULSARY FOR A HOLDING COMPANY. PLEASE ALSO Read More
IN CASE OF HOLDING COMPANY FORM AOC-1 IS REQUIRED TO BE FILED, WHETHER AOC-4 CFS IS COMPULSARY FOR A HOLDING COMPANY. PLEASE ALSO ADVISE IF COMPANY IS REQUIRED TO ADOPT CONSOLIDATED FINANCIAL STATEMENTS AT AGM.

Views (2415)
Posted By: Ravinder 11 year(s) ago

Answer

Deposits - Whether Advances received for supply of goods and provision of services prior to effective date of CA-2013, and outstan Read More
Deposits - Whether Advances received for supply of goods and provision of services prior to effective date of CA-2013, and outstanding on 31.3.2014 will be treated as DEPOSITS if not adjusted within 365 days from date of acceptance of advance as per Rule 2(1)(c)(xii) of Deposit Rules 2014 Or it will be applicable to advances received on and after 1.4.2014

Views (2115)
Posted By: K k arora 11 year(s) ago

Answer

A private limited company was incorporated in fy 2011-2012 but till date that company has not complied any of the roc compliances. Read More
A private limited company was incorporated in fy 2011-2012 but till date that company has not complied any of the roc compliances. Now the owner of the company wishes to comply all roc compliances and has agreed to pay additional fee as well for form submission. My questions are 1) For the fys 2011-12, 12-13 and 13-14 Whether all compliances shall be as per the companies act 1956 or 2013? kindly refer section, circular or notification in support of answer. 2) After incorporation auditor was appointed for the FY 2011-2012 but no compliance was made thereafter. What shall be the procedure for appointment of auditor for FY 12-13 & 13-14 other than the retiring auditor?

Views (2005)
Posted By: Subhash bhaskar 11 year(s) ago

Answer

Conversion of Loan into capital[Sec 62(3) Sec 62(3) states if company takes a loan on the term that loan will be converted int Read More
Conversion of Loan into capital[Sec 62(3) Sec 62(3) states if company takes a loan on the term that loan will be converted into share capital & such an option have been approved before raising of loan by a special resolution, subscribed capital can be increased. Procedure for conversion of loan into shares: i. Approve terms of loan by passing special resolution before taking of loan & file special resolution in E-Form MGT14 within 30 days. ii. Convert loan into shares by passing resolution in Board Meeting & File Eform PAS3 for allotment of shares within 30 days. iii. Also issue share certificate by passing Board resolution & file Eform MGT 14 within 30 days for issue of shares. My query: Can we convert Loan taken by a company before the commencement of the CA, 2013 to shares and file pas-3 form?

Views (5373)
Posted By: Kamal 11 year(s) ago

Answer

CAN a Public limited company appoint one person as Managing Director & Chairman of the company? If you - Please provide detail of Read More
CAN a Public limited company appoint one person as Managing Director & Chairman of the company? If you - Please provide detail of legal compliances.

Views (1737)
Posted By: Sunil kumar agrawal 11 year(s) ago

Answer

CAN a Public limited company appoint one person as Managing Director & Chairman of the company? If you - Please provide detail of Read More
CAN a Public limited company appoint one person as Managing Director & Chairman of the company? If you - Please provide detail of legal compliances.

Views (2123)
Posted By: Sunil kumar agrawal 11 year(s) ago

Answer

CAN a Public limited company appoint one person as Managing Director & Chairman of the company? If you - Please provide detail of Read More
CAN a Public limited company appoint one person as Managing Director & Chairman of the company? If you - Please provide detail of legal compliances.

Views (1931)
Posted By: Sunil kumar agrawal 11 year(s) ago

Answer

Can anyone please provide a compliance checklist useful for Director of a Private Limited Company? There are many time bound ev Read More
Can anyone please provide a compliance checklist useful for Director of a Private Limited Company? There are many time bound event based compliances in the Act now and it will be useful if we can provide the Directors of Client Company with a referencer or compliance checklist.

Views (3055)
Posted By: Vithal kumar pingali 11 year(s) ago

Answer

Are there any full-fledged Company Secretarial Software suite available in India? Read More
Are there any full-fledged Company Secretarial Software suite available in India?

Views (3546)
Posted By: Shiv kumaran 12 year(s) ago

Answer

One Private Limited Company was incorporated in first week of March 2014. The Company is required to close its first Financial Yea Read More
One Private Limited Company was incorporated in first week of March 2014. The Company is required to close its first Financial Year on 31.03.2015 OR 31.03.2014. Please clarify.

Views (1911)
Posted By: Sunil kumar agrawal 11 year(s) ago

Answer

A PRIVATE LIMITED COMPANY WISHES TO ALLOT SHARES AGAINST THE SHARE APPLICATION MONEY LYING WITH IT AS ON 31.03.2014. THE SAID AMOU Read More
A PRIVATE LIMITED COMPANY WISHES TO ALLOT SHARES AGAINST THE SHARE APPLICATION MONEY LYING WITH IT AS ON 31.03.2014. THE SAID AMOUNT WAS DISCLOSED AS DEPOSIT IN FORM DPT 4 FILED RECENTLY WITH THE MCA. WHILE SECTION 74 OF THE COMPANIES ACT HAD MANDATED REPAYMENT OF SUCH DEPOSIT BY 31.03.2015, ALLOTMENT OF SHARES AGAINST THEM WOULD AMOUNT TO REPAYMENT ? ALTERNATIVELY, SHOULD FRESH APPLICATION MONEY BE RAISED FOR FURTHER ISSUE OF SHARES?

Views (1988)
Posted By: Krishna kumar gaggar 12 year(s) ago

Small Company

Answer

A private company having turnover of Rs.10 crores and capital of Rs.10 lacs shall be treated as small company or not Read More
A private company having turnover of Rs.10 crores and capital of Rs.10 lacs shall be treated as small company or not

Views (2499)
Posted By: Ruchi mitra 12 year(s) ago

Answer

whether blance in share premium account to be included for limit of paid up capital to eligible as small company Read More
whether blance in share premium account to be included for limit of paid up capital to eligible as small company

Views (2873)
Posted By: Purushottam lal agrawal 11 year(s) ago

Answer

In a Company C there are only 2 directors. Husband H and wife W. How to pass the Board resolution to change salary of any of two d Read More
In a Company C there are only 2 directors. Husband H and wife W. How to pass the Board resolution to change salary of any of two directors. The other share holders of C are father F of H, Mother M of H, son S of H and W, daughter D of H and W and a HUF of which H is karta.

Views (2164)
Posted By: M b s agarwal 12 year(s) ago

Answer

UNDER THE NEW ACT, A PVT LT D COMPANY IS REQUIRED TO REPAY ITS UNSECURED LOANS TAKEN PRIOR TO 01.04.2014. PLEASE CLARIFY, WHETHER Read More
UNDER THE NEW ACT, A PVT LT D COMPANY IS REQUIRED TO REPAY ITS UNSECURED LOANS TAKEN PRIOR TO 01.04.2014. PLEASE CLARIFY, WHETHER DPT 4 HAS TO BE PREPARED & ANNEXED TO GNL-2 & FILED LATEST BY 30.06.2014

Views (2781)
Posted By: Krishna kumar gaggar 12 year(s) ago

Answer

Could you pl clarify whether one of our client falls under the definition of "Small Company" whose paid up capital is 16.60 crores Read More
Could you pl clarify whether one of our client falls under the definition of "Small Company" whose paid up capital is 16.60 crores and turnover of 9 crores for the financial year ending 31st March 2014?

Views (2117)
Posted By: Balachandran 12 year(s) ago

Answer

A private limited company having it's paid up capital of Rs.94 lacs and turnover less than Rs. 2 crores, whether will be treated a Read More
A private limited company having it's paid up capital of Rs.94 lacs and turnover less than Rs. 2 crores, whether will be treated as small company or not

Views (2716)
Posted By: U l basak & co. 11 year(s) ago

Answer

can a section 8 company show its capital under paid up capital Read More
can a section 8 company show its capital under paid up capital

Views (2318)
Posted By: Ca.kousik ghosh 11 year(s) ago

Answer

what is condition to keep company name like amor india private limited? is there any condition about keep India in company n Read More
what is condition to keep company name like amor india private limited? is there any condition about keep India in company name?

Views (1907)
Posted By: D singh 10 year(s) ago

Answer

Some suggestions were asked from stakeholders about changes in Companies Act 2013 regarding small private companies. These were to Read More
Some suggestions were asked from stakeholders about changes in Companies Act 2013 regarding small private companies. These were to be laid on table of the House. What became of them?

Views (2478)
Posted By: M b s agarwal 12 year(s) ago

Answer

Can someone please explain the concept of a small company WITH ILLUSTRATIONS relating to turnover and capital. Read More
Can someone please explain the concept of a small company WITH ILLUSTRATIONS relating to turnover and capital.

Views (3730)
Posted By: Revati galgali 12 year(s) ago

Answer

Private Limited Company wants to change object and name of the company, is it necessary to convene two EGMs. First to change objec Read More
Private Limited Company wants to change object and name of the company, is it necessary to convene two EGMs. First to change object and then to change name. Or one EGM will be sufficient to change object clause and Name.

Views (3716)
Posted By: Z khan 12 year(s) ago

Answer

If the Meeting of Small company held on 7th May 2015 is it possible to conduct next Board meeting on 1st July 2015. Read More
If the Meeting of Small company held on 7th May 2015 is it possible to conduct next Board meeting on 1st July 2015.

Views (1890)
Posted By: Amardeepduggal 11 year(s) ago

Answer

In case of a private limited company whether MGT 14 for accounts approval is required to file with ROC? If it is not , then kindly Read More
In case of a private limited company whether MGT 14 for accounts approval is required to file with ROC? If it is not , then kindly provide the exemption notification number for our reference.

Views (2336)
Posted By: U l basak & co. 11 year(s) ago

Answer

What Do you meant by small company in private sector? Read More
What Do you meant by small company in private sector?

Views (2172)
Posted By: Hitender tanwar 12 year(s) ago

Chartered Accountant

Answer

FORM DPT 4 REQUIRES ATTACHMENT OF AN AUDITOR CERTIFICATE. WHETHER THE RULES HAVE PRESCRIBED ANY FORMAT FOR THE SAME? IF NOT, THEN Read More
FORM DPT 4 REQUIRES ATTACHMENT OF AN AUDITOR CERTIFICATE. WHETHER THE RULES HAVE PRESCRIBED ANY FORMAT FOR THE SAME? IF NOT, THEN WHAT THE SAID CERTIFICATE SHOULD COVER?

Views (7353)
Posted By: Krishna kumar gaggar 12 year(s) ago

Answer

Can LLP be converted into a Co. and vice versa? Read More
Can LLP be converted into a Co. and vice versa?

Views (2211)
Posted By: Chnadravijayshah 11 year(s) ago

Answer

Can the Statutory Auditor of the company sign the E-Form AOC-4????? Read More
Can the Statutory Auditor of the company sign the E-Form AOC-4?????

Views (3938)
Posted By: Palani kumar b 11 year(s) ago

Answer

Statutory audit of FY2013-2014 will be done as per Old Act or New Act? Read More
Statutory audit of FY2013-2014 will be done as per Old Act or New Act?

Views (2134)
Posted By: Shekhar 11 year(s) ago

Answer

Is it possible to file Tax Audit report before issuing Statutory Audit Report? Read More
Is it possible to file Tax Audit report before issuing Statutory Audit Report?

Views (2011)
Posted By: Shekhar 11 year(s) ago

Answer

THE COMPLIANCE RELATED FILING OF A PRIVATE LIMITED COMPANY ALONGWITH THEIR COMPLIANCE RELATE ACTIVITY EG. BOARD MEETING, AGM ETC. Read More
THE COMPLIANCE RELATED FILING OF A PRIVATE LIMITED COMPANY ALONGWITH THEIR COMPLIANCE RELATE ACTIVITY EG. BOARD MEETING, AGM ETC.

Views (1702)
Posted By: U l basak & co. 11 year(s) ago

Answer

How to distinguish shareholders and directors in a private limited company Read More
How to distinguish shareholders and directors in a private limited company

Views (1882)
Posted By: Ca.kousik ghosh 11 year(s) ago

Answer

I am looking for a complete checklist of compliances which is required to be done by the companies (Public Limited, Private Limite Read More
I am looking for a complete checklist of compliances which is required to be done by the companies (Public Limited, Private Limited, Section 8, etc) respectively under companies act 2013.

Views (2010)
Posted By: Rr 11 year(s) ago

Independent Director

Answer

Company “A” Limited has appointed as an additional director to fulfill the requirement of number of Independent Directors as requi Read More
Company “A” Limited has appointed as an additional director to fulfill the requirement of number of Independent Directors as required under the Companies Act, 2013 and listing agreement with Stock Exchanges. The appointment of said additional director would be approved as an Independent Director in the next Annual General Meeting of the Company as required under section 150(2) of the Companies Act, 2013. In this connection the following queries are to be considered :- i) What will be the category of additional director for the intervening period i.e. from the date of appointment as an additional director till the next Annual General Meeting whether he will be independent or professional; ii) Whether the Board has power to appoint independent director and accordingly whether we can categorize such additional director as independent director in the Form DIR12 to be filed on appointment of directors; iii) If such additional director is to be treated as an independent director from the date of which he was appointed as an additional director then whether the intervening period from the date of appointment as an additional director till the next general meeting of the Company would be counted for the purpose of two terms of upto five consecutive years each as mentioned in Section 149(10) of the Companies Act, 2013.

Views (3182)
Posted By: Amish 12 year(s) ago

Answer

Please refer to the rules related to the appointment of an Independent Director i.e.Rule No. 4 of The Companies (Appointment and Q Read More
Please refer to the rules related to the appointment of an Independent Director i.e.Rule No. 4 of The Companies (Appointment and Qualification of Directors) Rules, 2014 the proviso provided that any intermittent vacancy of an ID shall be filled-up not later than immediate BM or 3 months from the date of such vacancy, whichever is later. Now if we got to Schedule IV ("Code for Independent Director") VI. Resignation and removal: Point 2. it has been provided that the ID vacancy shall be filled up within 180 days from the date of removal or such resignation. Please clarify within how many days the vacancy of ID should be filled-up

Views (3536)
Posted By: Pradeep chugh 12 year(s) ago

Answer

Can an Independent Director be appointed by the Board as Additional Director under Sec 161 of the Act. Also can this appointment b Read More
Can an Independent Director be appointed by the Board as Additional Director under Sec 161 of the Act. Also can this appointment be regularised at the next ensuing AGM?

Views (4910)
Posted By: Shiv kumaran 11 year(s) ago

Answer

The code of conduct for Independent Director prescribes for holding of meeting of Independent Directors every year. Who is respon Read More
The code of conduct for Independent Director prescribes for holding of meeting of Independent Directors every year. Who is responsible to call the meeting and what would be the role of Company in this meeting?

Views (3851)
Posted By: Anjali 13 year(s) ago

Answer

Dear Sir Sub-section 6 of the Section 149 of Comapnies Act 2013 provides for meaning of idependent Director and cluse (c) & (d) o Read More
Dear Sir Sub-section 6 of the Section 149 of Comapnies Act 2013 provides for meaning of idependent Director and cluse (c) & (d) of sub-section 6 of section 149 of Co. Act, 2013 provides that Indednepent Director or his relaives has or had no pecuniary relationship or transaction with Company, its holding, subsidiay or associate company etc. Please explain the meaning of "Pecuniary Relationship" and "pecuniary transactions"

Views (4248)
Posted By: Vasant patel 11 year(s) ago

Answer

whether an existing non executive director fulfilling all other condition of sec 149 CA 2013 can be appointed as independent direc Read More
whether an existing non executive director fulfilling all other condition of sec 149 CA 2013 can be appointed as independent director of the company.

Views (3441)
Posted By: Ashutosh 11 year(s) ago

Answer

Our Company is a private Company, subsidiary of Public Company having paid up share capital of more than 10 crore. Kindly let me k Read More
Our Company is a private Company, subsidiary of Public Company having paid up share capital of more than 10 crore. Kindly let me know is appointment of Independent Director is applicable on it.

Views (3601)
Posted By: Haryana 11 year(s) ago

Answer

Has the new Companies Act /Rules prescribed any format of Appointment Letter for Independent Directors ? Read More
Has the new Companies Act /Rules prescribed any format of Appointment Letter for Independent Directors ?

Views (3818)
Posted By: Meenakshi sharma 12 year(s) ago

Answer

Is it required to re-appoint independent directors on the Board of a Listed company as per Companies Act, 2013 for the purpose of Read More
Is it required to re-appoint independent directors on the Board of a Listed company as per Companies Act, 2013 for the purpose of Formation of various committees in which independent directors were already appointed as per Companies Act, 1956? kindly suggest.

Views (3410)
Posted By: Mitesh 12 year(s) ago

Answer

Will the reappointment of Independent Director be as per ordinary or special resolution in the AGM of a listed Company? Read More
Will the reappointment of Independent Director be as per ordinary or special resolution in the AGM of a listed Company?

Views (2995)
Posted By: Rajesh agrawal 12 year(s) ago

Answer

Can the Company bear the travelling expenses of the Independent Directors for attending the general meeting of the company. Please Read More
Can the Company bear the travelling expenses of the Independent Directors for attending the general meeting of the company. Please highlight the relevant provision for or against.

Views (3343)
Posted By: Arun kumar 12 year(s) ago

Answer

Regarding appointment of Independent Director under section 149 (4) of Co. Act 2013 read with Rules 4 of The Companies (Appointme Read More
Regarding appointment of Independent Director under section 149 (4) of Co. Act 2013 read with Rules 4 of The Companies (Appointment & Qualification of Directors) Rules, 2014 provides that the following class or classes of companies shall have latest two Directors as independent Directors on the Board of Directors of the Company (iii) a public company which have, in aggregate of, outstanding Loans, debentures and deposits, exceeding fifty crores rupees In this regard please clarify the following : 01. What is meaning of “Outstanding loans” i.e. both short term and long term loans both or Else ? 02. For the purpose of this rules it is stated that, the paid up share capital or turnover or outstanding loans, debentures and deposits, as the case may be as existing on the last date of latest audited financial statements shall be taken into account then : Please clarify which date i. e. date of balance-sheet as on 31st March or date of signing of Balance-sheet of that year ?

Views (4510)
Posted By: Vasant patel 12 year(s) ago

Answer

For appointment of Independent Directors and Non executive woman director is form MR-1 required to be filed as within the form the Read More
For appointment of Independent Directors and Non executive woman director is form MR-1 required to be filed as within the form there is no such option available. And if yes then under what head i.e. WTD?

Views (4075)
Posted By: Rajesh agrawal 12 year(s) ago

Answer

What is the procedure to appoint an Independent Director? We understand Recommendation by BOD and approval by Shareholders is requ Read More
What is the procedure to appoint an Independent Director? We understand Recommendation by BOD and approval by Shareholders is required. Is it possible to appoint Ind. Director in Board meeting December 2014 and get approval of Shareholders in next AGM ie September, 2015. Or Is it required approval of Shareholders in EGM upto March 2015. Please clarify.

Views (3666)
Posted By: Sunil kumar agrawal 12 year(s) ago

Answer

Whether a director appointed as an independent director voluntarily by a Private Limited Company need to comply with 'Code for Ind Read More
Whether a director appointed as an independent director voluntarily by a Private Limited Company need to comply with 'Code for Independent Directors' stipulated in Schedule IV of the Companies Act, 2013? Also, will all other provisions of Companies Act, 2013 applicable to an Independent Director apply as it is to the Director appointed voluntarily as an Independent Director in Pvt. Ltd. Co.?

Views (3378)
Posted By: Ajith 11 year(s) ago

Answer

What should be the agenda for the separate meeting of independent directors as mentioned in Schedule IV - Code for independent dir Read More
What should be the agenda for the separate meeting of independent directors as mentioned in Schedule IV - Code for independent directors - Clause VII?

Views (3633)
Posted By: Joy kumar jain 11 year(s) ago

Answer

Dear Experts, Kindly tell me what E Forms are required to be filed for appointment of Independent Director. Thanks advance. Read More
Dear Experts, Kindly tell me what E Forms are required to be filed for appointment of Independent Director. Thanks advance.

Views (3912)
Posted By: Pooja garg 11 year(s) ago

Answer

If the appointment of an existing ID is not renewed by the EGM before 31st march 2015 whether he is ceased from post of Director Read More
If the appointment of an existing ID is not renewed by the EGM before 31st march 2015 whether he is ceased from post of Director itself on 01.04.2015 or he will continue as non executive director and only his Independent Directorship ceased.

Views (3409)
Posted By: Sandeep 11 year(s) ago

Answer

Can a Company make an payment of sitting fees to firm in which the Independent Director of the company is a partner? Prompt re Read More
Can a Company make an payment of sitting fees to firm in which the Independent Director of the company is a partner? Prompt response with reference of particular section of Companies Act, 2013 will highly appreciate.

Views (3461)
Posted By: Pritesh gangwal 11 year(s) ago

Answer

From which date, the tenure of the Independent Director start ie from the date of Board Resolution or the shareholders Resolution Read More
From which date, the tenure of the Independent Director start ie from the date of Board Resolution or the shareholders Resolution ?

Views (3283)
Posted By: Ranjal laxmana shenoy 11 year(s) ago

Answer

From which date, the tenure of the Independent Director start ie from the date of Board Resolution or the shareholders Resolution Read More
From which date, the tenure of the Independent Director start ie from the date of Board Resolution or the shareholders Resolution ?

Views (3474)
Posted By: Ranjal laxmana shenoy 11 year(s) ago

Answer

Dear sir, Do we need to file DIR-12 in case of extending the term of independent director for further 5 years. Read More
Dear sir, Do we need to file DIR-12 in case of extending the term of independent director for further 5 years.

Views (3147)
Posted By: Bunny sehgal 10 year(s) ago

Answer

If independent director incurred disqualification, then what will be the impact on Director as well as on Company? What will be th Read More
If independent director incurred disqualification, then what will be the impact on Director as well as on Company? What will be the procedure of conversion from ID to normal non executive director? Is there requirement of filing of any eform with the ROC or any other authorities?

Views (2959)
Posted By: Amod kumar jha 10 year(s) ago

Answer

In a 100% State Government Company, all Directors are appointed by the State Government. Apart from full time Directors they are Read More
In a 100% State Government Company, all Directors are appointed by the State Government. Apart from full time Directors they are also appointing Non Whole Time Directors (NWTD) from other Companies in the same sector, for constituting Audit Committee (under old Act). Can these NWTDs now be re-designated as Independent Directors, pursuant to the exemptions given for 149(6)(a) and 149(6)(c).

Views (3914)
Posted By: Vithal kumar pingali 11 year(s) ago

Answer

Please clarify - Can a Public Limited closely held company appoint two brothers as 2 Independent Directors of the company as per S Read More
Please clarify - Can a Public Limited closely held company appoint two brothers as 2 Independent Directors of the company as per Section 149 (4) of The Companies Act, 2013 and applicable rules? The Company turnover is more than Rs. 100.0 Crores.

Views (3292)
Posted By: Sunil kumar agrawal 11 year(s) ago

RBI

Answer

An Indian company wants to allot shares to an NRI against his property situated in India which he wants to transfer to the Company Read More
An Indian company wants to allot shares to an NRI against his property situated in India which he wants to transfer to the Company. Please let me know if FCGPR needs to be filed in this case and what other compliances will be required under Companies Act, 2013

Views (3068)
Posted By: Vithal kumar pingali 12 year(s) ago

Answer

We have incorporated a company with 5 lacs authorised capital in October 2013 with 2 individuals as subscribers to MOA. One indiv Read More
We have incorporated a company with 5 lacs authorised capital in October 2013 with 2 individuals as subscribers to MOA. One individual is Indian resident subscribed for 1 share and the other is a foreign national [who is staying in india for the past 4years] who subscribed for 499 shares of rs.1000 each. Later, the parent company remitted 483000 towards share applicaation money and were allotted 483 shares. Authorised capital increased to 10 lacs also. 1 share is allotted to indian resident on receipt of money but no shares are allotted to foreign national. The FC GPR is filed with RBI. Now RBI is asking why the company has not allotted shares to foreign national when he agreed to subscribe for 499 shares in MOA? My question is it compulsory for company to allot shares to the subscribers to MOA before alloting to external investors. What section in companies act provides this? Company has closed its financial year ending 31st March 2013 and filed Annual compliances with ROC. Kindly suggest

Views (2729)
Posted By: Aravind 11 year(s) ago

Answer

Kindly give advice on below from the perspective of downstream investments. Any special procedure to be followed by JV Company. Read More
Kindly give advice on below from the perspective of downstream investments. Any special procedure to be followed by JV Company. Can an Indian JV company (50% UK : 50% Indian) enter into partnership business in the form of partnership firm in same field with some Indian partners? Can an Indian JV company (50% UK : 50% Indian) enter into partnership in a LLP in same field with some Indian partner?

Views (1853)
Posted By: Akhand 11 year(s) ago

Answer

1. Will ‘loan from own shareholders taken by a private limited nbfc’ come under the definition of Public Fund as per RBI Circ Read More
1. Will ‘loan from own shareholders taken by a private limited nbfc’ come under the definition of Public Fund as per RBI Circular dated 01.09.2016 vide chapter II point 3 (xxv), though deposit/loan from own shareholders is not regarded “Public Deposit” and there is no outside fund, loan belongs to shareholders of company themselves. 2. Will ‘Overdraft against own Bank FDR taken by a private limited nbfc’ come under the definition of Public Fund/Bank finance as per RBI Circular dated 01.09.2016, whereas Bank FDR is not considered even as Financial Assets as per Rbi circular RBI/2011-12/446 DNBS (PD)CC.No.259 /03.02.59/2011-12 dated March 15, 2012 , since this Overdraft is only against NBFC’s own fund deposit as FDR to save interest, and there is no real Bank Finance, means any body can take Overdraft against FDR without going through any process as in other bank Finance, where one has to be understood of having character of three C’s i.e. Capability, Capacity and Character. In another words, If there is no FDR, there will be no overdraft, means no real Bank Finance. 3. Will loan from ‘Holding private limited NBFC’ to its ‘associate private limited NBFC’ and vice versa or ‘loan within group entities to one another’ come under ‘inter corporate deposit’ under Public Fund as per RBI Circular dated 01.09.2016, since in real sense there is no outside Public Fund is involved.

Views (6519)
Posted By: Pawan mittal 7 year(s) ago

Answer

Kindly give advice on below from the perspective of downstream investments. Any special procedure to be followed by JV Company. Read More
Kindly give advice on below from the perspective of downstream investments. Any special procedure to be followed by JV Company. Can an Indian JV company (50% UK : 50% Indian) enter into partnership business in the form of partnership firm in same field with some Indian partners? Can an Indian JV company (50% UK : 50% Indian) enter into partnership in a LLP in same field with some Indian partner?

Views (1848)
Posted By: Akhand 11 year(s) ago

Associate

Answer

This is regarding associate and subsidiary companies. As per new act even the loan given to subsidiary companie by its holding com Read More
This is regarding associate and subsidiary companies. As per new act even the loan given to subsidiary companie by its holding companies are not exempt except in case of 100% subsidiaries. If a company holds the entire share capital of its subsidiary except one share ehich is held by one of the holding as well as subsidiary company's Director(all the Directors are same in both the companies) will it be treated as 1005 subsidiary or the one share must be held as a nominee by complying with the beneficial interest requirement to make it a 1005 subsidiary

Views (1798)
Posted By: Anita 12 year(s) ago

Answer

As per the proviso to sec 129(3) Subsidiary company included Associates Companies also. Further as per regulation 16 (1) (c ) of S Read More
As per the proviso to sec 129(3) Subsidiary company included Associates Companies also. Further as per regulation 16 (1) (c ) of SEBI (Listing Obligations And Disclosure Requirements) Regulations, 2015 Definition “material subsidiary” which mean a subsidiary, whose income or net worth exceeds twenty percent of the consolidated income or net worth respectively, of the listed entity and its subsidiaries in the immediately preceding accounting year. So Does consolidated income or consolidated net worth mean consolidated income as per Section 129 (3) as per Companies Act 2013 or Consolidation is required for Holding and Subsidiary only Excluding Associates Company for the purpose of interpretation of regulation?

Views (1481)
Posted By: Prerna kapoor 10 year(s) ago

AGM

Answer

In a private co, Last year in Sep 2014, auditors were appointed for 1 year (instead of 5 years) u/s 139(1). Rotation is not mandat Read More
In a private co, Last year in Sep 2014, auditors were appointed for 1 year (instead of 5 years) u/s 139(1). Rotation is not mandatory. This year should the Company reappoint the auditors for 4 years or for 5 years ? Kindly advise.

Views (3859)
Posted By: Manouj agrawaal, fca, partner 11 year(s) ago

Answer

Whether AOC-1 need to signed by the Auditors of the Company? Read More
Whether AOC-1 need to signed by the Auditors of the Company?

Views (9921)
Posted By: Brajesh 11 year(s) ago

Answer

company incorporated on 15-3-2014 & First Accounting period 15.3.14 to 31.3.2015. latest by what date 1st AGM should be fixed. Read More
company incorporated on 15-3-2014 & First Accounting period 15.3.14 to 31.3.2015. latest by what date 1st AGM should be fixed.

Views (4060)
Posted By: Kishore chawla 11 year(s) ago

Answer

WHAT WILL BE LAST DATE OF HOLDING AGM OF A COMPANY INCORPORATED ON 14TH OCTOBER 2014? Read More
WHAT WILL BE LAST DATE OF HOLDING AGM OF A COMPANY INCORPORATED ON 14TH OCTOBER 2014?

Views (3313)
Posted By: Nitin 10 year(s) ago

Answer

Under the list of shareholders the folio number of shareholders is mentioned wrong. How can we correct the same without resubmitti Read More
Under the list of shareholders the folio number of shareholders is mentioned wrong. How can we correct the same without resubmitting the form MGT-7

Views (4105)
Posted By: Pranay patel 9 year(s) ago

Answer

In AOC-2 under point (2) , whether details of transactions which are on arm’s length basis to be provided therein shall be entered Read More
In AOC-2 under point (2) , whether details of transactions which are on arm’s length basis to be provided therein shall be entered in the ordinary course of business or not or both?

Views (5256)
Posted By: Mihir panchmatya 11 year(s) ago

Answer

If appointment of auditors is made for 5 years starting from F Y 2013-14 and reported to ROC via form 23 B, then is it necessary t Read More
If appointment of auditors is made for 5 years starting from F Y 2013-14 and reported to ROC via form 23 B, then is it necessary to submit form ADT 1.after every AGM.

Views (3469)
Posted By: Ca bhagyashree sathe 11 year(s) ago

Answer

A listed company doesn’t wish to disclose the details required under rule 5 of the Companies (Appointment and Remuneration of Mana Read More
A listed company doesn’t wish to disclose the details required under rule 5 of the Companies (Appointment and Remuneration of Managerial Personnel) Rules 2014. Is there any way available ?

Views (4498)
Posted By: Ananya gupta 11 year(s) ago

Answer

While preparing the Director’s report lot of disclosure are required pursuant to section 134 of the Companies Act 2013 read with r Read More
While preparing the Director’s report lot of disclosure are required pursuant to section 134 of the Companies Act 2013 read with rules like composition of audit company. Mr company doesn’t have any audit committee, no I need to disclose the said fact or need to not make any disclosure?

Views (4732)
Posted By: Manoj dhariwal 11 year(s) ago

Answer

Can I send the financial statement vide normal post to my shareholders? Read More
Can I send the financial statement vide normal post to my shareholders?

Views (3678)
Posted By: Nalin jain 11 year(s) ago

Answer

I intend to send the notice of the annual general meeting through email. Do I need to send the physical copy to the shareholders Read More
I intend to send the notice of the annual general meeting through email. Do I need to send the physical copy to the shareholders who haven’t provided their email id?

Views (3403)
Posted By: Animesh sharma 11 year(s) ago

Answer

Do form AOC-2 needs to be authenticated by the Board ? Read More
Do form AOC-2 needs to be authenticated by the Board ?

Views (4266)
Posted By: Mohit kumar 11 year(s) ago

Answer

In a private co,, In Directors Report- Extract of MGT 9- shares held by friends, relatives and associates of promoters - are to be Read More
In a private co,, In Directors Report- Extract of MGT 9- shares held by friends, relatives and associates of promoters - are to be shown under the category " Promoters" or under " Public" ??

Views (3756)
Posted By: Manouj agrawaal, fca, partner 11 year(s) ago

Answer

In a private co, in Directors Report- MGT- 9 : Where shares held by directors would also include shares held by his HUF ? Read More
In a private co, in Directors Report- MGT- 9 : Where shares held by directors would also include shares held by his HUF ?

Views (3959)
Posted By: Manouj agrawaal, fca, partner 11 year(s) ago

Answer

Where can I find format of MGT - 7 (Annual Return) on CompaniesAct.in Read More
Where can I find format of MGT - 7 (Annual Return) on CompaniesAct.in

Views (3930)
Posted By: Megha 11 year(s) ago

Answer

Attachments to e form AOC-4- Should we attach Scanned Copies of Original Signed Copies or pdf converted word /Excel as "Signed". A Read More
Attachments to e form AOC-4- Should we attach Scanned Copies of Original Signed Copies or pdf converted word /Excel as "Signed". Are there any restrictions on Size of the file to be uploaded?

Views (10493)
Posted By: V. maslekar 11 year(s) ago

Answer

AOC -1 : whether to be attached in financial statements of parent co or subsidiary company or in the directors Report of parent co Read More
AOC -1 : whether to be attached in financial statements of parent co or subsidiary company or in the directors Report of parent company ? Please advise.

Views (4029)
Posted By: Manouj agrawaal, fca, partner 11 year(s) ago

Answer

is AOC 4 applicable to producer companies Read More
is AOC 4 applicable to producer companies

Views (3644)
Posted By: Arpitha 11 year(s) ago

Answer

Whether in Directors Report, Foreign Exchange Earnings and Exp to be given strictly on cash basis ? Read More
Whether in Directors Report, Foreign Exchange Earnings and Exp to be given strictly on cash basis ?

Views (3678)
Posted By: Manouj agrawaal, fca, partner 11 year(s) ago

Answer

One of my comapny got incorporated on 31.01.2014 what will be the last date to hold First AGM Read More
One of my comapny got incorporated on 31.01.2014 what will be the last date to hold First AGM

Views (3659)
Posted By: Ankit 11 year(s) ago

Answer

AGM IS FIXED ON 30TH SEPTEMBER, 2015, WHAT CAN BE CUT OFF DATE AND OPENING AND CLOSING OF E-VOTING PROCESS. Read More
AGM IS FIXED ON 30TH SEPTEMBER, 2015, WHAT CAN BE CUT OFF DATE AND OPENING AND CLOSING OF E-VOTING PROCESS.

Views (4382)
Posted By: Ravinder 11 year(s) ago

Answer

Please provide me the checklist of conducting AGM in a listed company. Read More
Please provide me the checklist of conducting AGM in a listed company.

Views (3691)
Posted By: Bhoomika jain 11 year(s) ago

Answer

Can a notice of Annual General Meeting contain a notice of postal Ballot as well under companies act 2013? Read More
Can a notice of Annual General Meeting contain a notice of postal Ballot as well under companies act 2013?

Views (3377)
Posted By: Prerna kapoor 10 year(s) ago

Promoter

Answer

Whether employees of group companies, if they contribute to the share capital, can be treated as part of the Promoter Group ? Read More
Whether employees of group companies, if they contribute to the share capital, can be treated as part of the Promoter Group ?

Views (1624)
Posted By: Gokul rathi 12 year(s) ago

Answer

a company incorporated 2 years ago having 2 same shareholders & directors. 1 of d shareholder is unable to pay his subscription m Read More
a company incorporated 2 years ago having 2 same shareholders & directors. 1 of d shareholder is unable to pay his subscription money I.e 50%.. He is ready to resign from directorship too(means its not a disputed case. Is there any other way out other than forfeiture n reissue of shares to 3rd person..?

Views (1793)
Posted By: Bunny sehgal 10 year(s) ago

Incorporation

Answer

DIN-4 - Is Verification Statement in Affidavit Format mandatory for Foreign National? If so how we can export the document for Sig Read More
DIN-4 - Is Verification Statement in Affidavit Format mandatory for Foreign National? If so how we can export the document for Signature since it requires to be on Stamp Paper?

Views (5340)
Posted By: V. maslekar 12 year(s) ago

Answer

Please provide me the format of Form DIR-2 required as per Form DIR-12. Read More
Please provide me the format of Form DIR-2 required as per Form DIR-12.

Views (3784)
Posted By: Dhavneesh gupta 12 year(s) ago

Answer

NEW DRAFT FORM OF MOA Read More
NEW DRAFT FORM OF MOA

Views (4118)
Posted By: Purushottam lal agrawal 13 year(s) ago

Answer

Do we have to amend the AOA of the co. as per new act? Read More
Do we have to amend the AOA of the co. as per new act?

Views (4754)
Posted By: Neha seth 12 year(s) ago

Answer

How to Incorporate a Company? Read More
How to Incorporate a Company?

Views (4150)
Posted By: Hitender tanwar 13 year(s) ago

Answer

Can anyone please share the declaration to be given in Form INC-21, for Certificate of Commencement of Business. I am also not cl Read More
Can anyone please share the declaration to be given in Form INC-21, for Certificate of Commencement of Business. I am also not clear about the Stamp Duty that needs to be paid here, how much and how ...

Views (7765)
Posted By: Vithal kumar pingali 12 year(s) ago

Answer

my company had incorporated on 04/03/2014 whether INC 21 is required to be filed Read More
my company had incorporated on 04/03/2014 whether INC 21 is required to be filed

Views (4239)
Posted By: Purushottam lal agrawal 12 year(s) ago

Answer

Affidevitt of all the members are required for conversion of co-operative society to Company ? Form URC-1 states the requirement Read More
Affidevitt of all the members are required for conversion of co-operative society to Company ? Form URC-1 states the requirement by way of attachment as Affidevitt from Members / partners. Kindly clarify.

Views (4050)
Posted By: Atul kulkarni 11 year(s) ago

Answer

Post incorporation Procedure to be followed by private limited company Read More
Post incorporation Procedure to be followed by private limited company

Views (4094)
Posted By: Aishwarya 11 year(s) ago

Answer

I want to file INC-1 with proposed name includes the word 'financial' which requires central government approval. How to get it? w Read More
I want to file INC-1 with proposed name includes the word 'financial' which requires central government approval. How to get it? what is the formal procedure

Views (3919)
Posted By: Mayank 11 year(s) ago

Answer

Is it necessary to change MOA & AOA of company existing prior to 2013, as per new Act Read More
Is it necessary to change MOA & AOA of company existing prior to 2013, as per new Act

Views (3238)
Posted By: Vijay khera 10 year(s) ago

Answer

I want to incorporate a company with 3 directors, 2 of them are in Germany, How to get documents attested in this case. And wha Read More
I want to incorporate a company with 3 directors, 2 of them are in Germany, How to get documents attested in this case. And what about INC-9 and INC-10, these are to be printed on stamp paper and requires notary, how to do it practically. Please note: the two directors who are in Germany are residing there since last 10 months and they have all the documents like PAN, Aadhar, Driving Licence etc. If someone has done this, please answer, its quite urgent.

Views (3029)
Posted By: Amardeepduggal 10 year(s) ago

Answer

After incorporation if the members of pvt company is reduced below the statutory limit i.e. one member , what is the consequences Read More
After incorporation if the members of pvt company is reduced below the statutory limit i.e. one member , what is the consequences to be faced by the company and time limit in companies act 2013.

Views (3337)
Posted By: Nishit 10 year(s) ago

Answer

We want to start a company without share capital, is this limited only to company limited by guarantee? Read More
We want to start a company without share capital, is this limited only to company limited by guarantee?

Views (3298)
Posted By: Secretarial monks 10 year(s) ago

Answer

A foreign body corporate incorporates a company in India as its wholly owned subsidiary. Incase of non-individual subscribers it Read More
A foreign body corporate incorporates a company in India as its wholly owned subsidiary. Incase of non-individual subscribers it is mandatory to attach MOA and AOA apostilled in pdf in Inc-32 Spice. But if the authorised signatory comes down to India for incorporating the company and if he signs in subscriber clause for the body corporate what would be position of "apostillation" can it be locally notarised like other proofs and documents, since no body is available abroad to do all the procedures and he should be present there too to get all done. He is in India with valid business visa. Can anybody help on this. Thanks in advance.

Views (3018)
Posted By: Akila 9 year(s) ago

Answer

1.IS IT MANDATORY TO FILE INC-32 (SPICe) FOR LESS THAN 7 SUBSCRIBERS TO THE MOA AND AOA?[AS INC-7 IS NOT ACCEPTING LESS THAN OR EQ Read More
1.IS IT MANDATORY TO FILE INC-32 (SPICe) FOR LESS THAN 7 SUBSCRIBERS TO THE MOA AND AOA?[AS INC-7 IS NOT ACCEPTING LESS THAN OR EQUAL TO 7 SUBSCRIBERS] 2. IF INC-32(SPICe) IS FILED IS THERE NO NEED TO FILE INC-22 AND DIR-12?

Views (3811)
Posted By: Sumanta kumar dasgupta 9 year(s) ago

Answer

Can Main object under 2013 Act contain one of the objects as under :To carry on any other trade or business which can, in the opin Read More
Can Main object under 2013 Act contain one of the objects as under :To carry on any other trade or business which can, in the opinion of the Board of Directors, be advantageously carried on by the Company." similar to which used to be included in other objects in the past.

Views (3140)
Posted By: Vijay khera 10 year(s) ago

Answer

We have initiated the procedure for Incorporation of a company under Chapter XXI for Conversion (i.e. Vesting of Interest) of a Co Read More
We have initiated the procedure for Incorporation of a company under Chapter XXI for Conversion (i.e. Vesting of Interest) of a Co operative Society into a limited Company. After filling INC-1, MCA clarified that Since the Rules are not clear in this context u/s 366 Part-1 of Chapter XXI of Companies Act,2013.The proposed name is not allowed, till further clarification in this matter. Further we revived guidance from MCA to convert the Co operative Society into LLP and then Convert the LLP into a Limited Company. So please guide us in this regard and kindly explain the procedure.

Views (3462)
Posted By: Kedar 11 year(s) ago

Answer

Within how many days shall the subscription amount be received by the Company post incorporation Read More
Within how many days shall the subscription amount be received by the Company post incorporation

Views (3792)
Posted By: Govind 11 year(s) ago

Answer

Can HUF become subscriber for the Incorporation of the Company?? if yes, than under which section it is prescribed??? Read More
Can HUF become subscriber for the Incorporation of the Company?? if yes, than under which section it is prescribed???

Views (4757)
Posted By: Vasant patel 10 year(s) ago

Answer

Pl. anybody help me in this regard (i) What is the amount of stamp duty payable in Form INC-21 if the registered office of the co Read More
Pl. anybody help me in this regard (i) What is the amount of stamp duty payable in Form INC-21 if the registered office of the company is situated in Delhi. (ii) And can we pay the stamp duty online through mca21 portal.

Views (3042)
Posted By: Dhavneesh gupta 12 year(s) ago

Answer

DIN of existing directors or proposed one who have their name or father's name as single name can't able to be entered in any form Read More
DIN of existing directors or proposed one who have their name or father's name as single name can't able to be entered in any form like incorporation forms. The remedy is only to update the PAN and apply for DIR 6. But in instruction kit of DIN or DIR 6 there is a mention that the name would be accepted as single name if it appears as such on PAN but practically it is not so. can anybody help to overcome this.

Views (3822)
Posted By: Akila 12 year(s) ago

Answer

Is it required to take consent of creditors for conversion of public company to private company, if so under which provision? Read More
Is it required to take consent of creditors for conversion of public company to private company, if so under which provision?

Views (3493)
Posted By: Jitendra 12 year(s) ago

Answer

Should we file INC 10 while registering a wholly owned subsidiary for the Parent Company, If so, what are the contents? Read More
Should we file INC 10 while registering a wholly owned subsidiary for the Parent Company, If so, what are the contents?

Views (3783)
Posted By: Suresh k s 12 year(s) ago

Answer

Can a Government Company be formed as a private company. Read More
Can a Government Company be formed as a private company.

Views (3291)
Posted By: Manoj kumar koyalkar 12 year(s) ago

Answer

Is there any specifice requirement for NOC from the Income tax department for FORM-17 of LLP Act for conversion of a partnership f Read More
Is there any specifice requirement for NOC from the Income tax department for FORM-17 of LLP Act for conversion of a partnership firm into LLP when there is any scrutiny assessment is carrying on and no other dues are pending?????? Please also mentioned if there is requirement of any other approval from any other authority.????

Views (3259)
Posted By: Vimal chhabra 11 year(s) ago

Answer

Shifting of Registered Office: Hi Everyone, can anybody provide me with the procedure for shifting of registered office from on Read More
Shifting of Registered Office: Hi Everyone, can anybody provide me with the procedure for shifting of registered office from one State to another. If anybody has the event chart for the same.

Views (3645)
Posted By: Haryana 11 year(s) ago

Answer

Can we use single INC-10 being verification of signature of director/subscriber for incorportating more then one company Read More
Can we use single INC-10 being verification of signature of director/subscriber for incorportating more then one company

Views (3459)
Posted By: Prakash khedekar 11 year(s) ago

Answer

Can Public Limited Company form a Private Limited Company as its Subsidiary. Read More
Can Public Limited Company form a Private Limited Company as its Subsidiary.

Views (3109)
Posted By: Sandhya 11 year(s) ago

Answer

Sec.11 of the Companies Act, 2013 has been omitted vide Companies (Amendment) Act, 2015 and Notification to this effect has been i Read More
Sec.11 of the Companies Act, 2013 has been omitted vide Companies (Amendment) Act, 2015 and Notification to this effect has been issued. Does this mean, Companies incorporated as per the new Act need not obtain Commencement of Business Certificate? Can the Company start the business right away? Form -INC 21 has also been abolished/ Please clarify

Views (3276)
Posted By: V. maslekar 11 year(s) ago

Answer

Sec.11 of the Companies Act,2013 has been omitted consequent to Amended Act,2015. Is it correct to interpret that the said section Read More
Sec.11 of the Companies Act,2013 has been omitted consequent to Amended Act,2015. Is it correct to interpret that the said section shall continues to apply for Companies incorporated prior to 29th May, 2015? If so since form INC 21 stands withdrawn , how a company can file this document to obtain Commencement Certificate? Please help

Views (4858)
Posted By: V. maslekar 11 year(s) ago

Answer

We have incorporated producer Company, we need to know the minimum paid up capital for incorporation of Producer Company. Kindly p Read More
We have incorporated producer Company, we need to know the minimum paid up capital for incorporation of Producer Company. Kindly provide the relevant Circular for the same.

Views (3610)
Posted By: Vinay b l 11 year(s) ago

Answer

Pl. tell me whether page no. on MOA / AOA should be written on the face/head of each page or on the foot of each page. Read More
Pl. tell me whether page no. on MOA / AOA should be written on the face/head of each page or on the foot of each page.

Views (2922)
Posted By: Dhavneesh gupta 12 year(s) ago

Answer

whether Form INC-8 should be on stamp paper duly notarised and if yes, please tell me the value of stamp paper required. Read More
whether Form INC-8 should be on stamp paper duly notarised and if yes, please tell me the value of stamp paper required.

Views (4713)
Posted By: Dhavneesh gupta 12 year(s) ago

Answer

Form DIR-4 regarding verification of applicant for application for DIN is required to be in the form of Affidavit format. So, wh Read More
Form DIR-4 regarding verification of applicant for application for DIN is required to be in the form of Affidavit format. So, whether the same has to be printed on non judicial stamp paper and notarised or just self attestation of the applicant is sufficient?

Views (3178)
Posted By: Krishna kumar gaggar 12 year(s) ago

Answer

Can anybody provide me complete procedure for conversion of private limited Company into LLP Read More
Can anybody provide me complete procedure for conversion of private limited Company into LLP

Views (3301)
Posted By: Mitesh 12 year(s) ago

Answer

To comply with the Companies Act, 2013, is it necessary to amend the Memorandum and articles of association Read More
To comply with the Companies Act, 2013, is it necessary to amend the Memorandum and articles of association

Views (3422)
Posted By: Kamdhenu ispat limited 12 year(s) ago

Answer

MOA and AOA to be uploaded with MCA with E-Form INC-7 for incorporation of a company will have to The Companies Act, 1956 also or Read More
MOA and AOA to be uploaded with MCA with E-Form INC-7 for incorporation of a company will have to The Companies Act, 1956 also or only to the Companies Act, 2013

Views (3197)
Posted By: Sushil kumar goyal 12 year(s) ago

Answer

Whether Affidavit in Form INC-9 is required on plain paper or on Stamp paper? And if on stamp paper than what is the value of Stam Read More
Whether Affidavit in Form INC-9 is required on plain paper or on Stamp paper? And if on stamp paper than what is the value of Stamp paper required

Views (5292)
Posted By: Dhavneesh gupta 12 year(s) ago

Answer

Please provide me the format of Proof that the Company is permitted to use the address as the registered office of the Company if Read More
Please provide me the format of Proof that the Company is permitted to use the address as the registered office of the Company if the same is owned by any other entity/ Person (not taken on lease by company) as required in Form INC-22

Views (3232)
Posted By: Dhavneesh gupta 12 year(s) ago

Answer

Whether Address proof and Proof of Identity as required to be attached in Form INC-7 should be attested or not? Read More
Whether Address proof and Proof of Identity as required to be attached in Form INC-7 should be attested or not?

Views (3087)
Posted By: Dhavneesh gupta 12 year(s) ago

Answer

What is the difference between public company and private company as per companies act 2013 Read More
What is the difference between public company and private company as per companies act 2013

Views (3357)
Posted By: Ashok kumar verma 12 year(s) ago

Answer

Whether for incorporating a new company , do I have to prepare articles and memorandum as per the Companies Act 2013 Read More
Whether for incorporating a new company , do I have to prepare articles and memorandum as per the Companies Act 2013

Views (3808)
Posted By: Anjali 13 year(s) ago

Answer

How to incorporate a Company? Read More
How to incorporate a Company?

Views (3206)
Posted By: Sumit dhawan 12 year(s) ago

Answer

What is the registration fees for incorporating a private limited company with one lakh authorised capital under the new act.I am Read More
What is the registration fees for incorporating a private limited company with one lakh authorised capital under the new act.I am asking as the fees for small company is Rs.2000 and other than small company is Rs.5000. Also what will be the fees for filing MOA and AOA?

Views (4248)
Posted By: Vithal kumar pingali 12 year(s) ago

Answer

I have received licence for section 25 company in first week of April 2014..How to incorporate it further as MOA/AOA and other doc Read More
I have received licence for section 25 company in first week of April 2014..How to incorporate it further as MOA/AOA and other documents have been approved as per 1956 Act

Views (3146)
Posted By: Ankit kishore sinha 12 year(s) ago

Answer

I have received licence for section 25 company in first week of April 2014..How to incorporate it further as MOA/AOA and other doc Read More
I have received licence for section 25 company in first week of April 2014..How to incorporate it further as MOA/AOA and other documents have been approved as per 1956 Act

Views (3068)
Posted By: Ankit kishore sinha 12 year(s) ago

Answer

Is there any change in incorporation process of Section 25 Company as per the new act? Read More
Is there any change in incorporation process of Section 25 Company as per the new act?

Views (3132)
Posted By: Aishwarya 12 year(s) ago

Answer

Pl. tell me whether page no. on MOA / AOA should be written on the face/head of each page or on the foot of each page. Read More
Pl. tell me whether page no. on MOA / AOA should be written on the face/head of each page or on the foot of each page.

Views (3024)
Posted By: Dhavneesh gupta 12 year(s) ago

Answer

Pl. tell me whether page no. on MOA / AOA should be written on the face/head of each page or on the foot of each page. Read More
Pl. tell me whether page no. on MOA / AOA should be written on the face/head of each page or on the foot of each page.

Views (3043)
Posted By: Dhavneesh gupta 12 year(s) ago

Answer

I have received a query from ROC that INC-8 should be on stamp paper and Page numbering on MOA & AOA is missing. Please help me in Read More
I have received a query from ROC that INC-8 should be on stamp paper and Page numbering on MOA & AOA is missing. Please help me in this matter whether Page numbering should be on header or footer of MOA / AOA and What should be the value of stamp paper for INC-8.

Views (3129)
Posted By: Dhavneesh gupta 12 year(s) ago

Answer

Pl. tell me whether page no. on MOA / AOA should be written on the face/head of each page or on the foot of each page. Read More
Pl. tell me whether page no. on MOA / AOA should be written on the face/head of each page or on the foot of each page.

Views (2863)
Posted By: Dhavneesh gupta 12 year(s) ago

Answer

Pl. tell me whether page no. on MOA / AOA should be written on the face/head of each page or on the foot of each page. Read More
Pl. tell me whether page no. on MOA / AOA should be written on the face/head of each page or on the foot of each page.

Views (2923)
Posted By: Dhavneesh gupta 12 year(s) ago

Answer

Pl. tell me whether page no. on MOA / AOA should be written on the face/head of each page or on the foot of each page. Read More
Pl. tell me whether page no. on MOA / AOA should be written on the face/head of each page or on the foot of each page.

Views (2991)
Posted By: Dhavneesh gupta 12 year(s) ago

Answer

Hi I wanted to know the filing/ compliance to be done by Private companies within 30 days of incorporation. Like First Board Meet Read More
Hi I wanted to know the filing/ compliance to be done by Private companies within 30 days of incorporation. Like First Board Meeting, Appointment of Auditors, INC 21, and other such compliance. Also, under the resource centre, can i find out the monthly/ quaterly/ yearly compliance to be done, in addition to specific compliance?

Views (3137)
Posted By: Sashank 11 year(s) ago

Answer

What is the Procedure for applying PAN and TAN by Company? And from where to fill Area Code & Business/Profession Code in Form INC Read More
What is the Procedure for applying PAN and TAN by Company? And from where to fill Area Code & Business/Profession Code in Form INC-29- Point 9?

Views (3046)
Posted By: Company secretary 11 year(s) ago

Answer

[CS_yahoogroups) PROBLEMS IN IMPLEMENTATION OF LAW Actions C S GROUP 16:45PM Keep this message at the top of your inbo Read More
[CS_yahoogroups) PROBLEMS IN IMPLEMENTATION OF LAW Actions C S GROUP 16:45PM Keep this message at the top of your inbox Groups To: C S GROUP Sir/Madam, Can anybody present the following matter before the "Company Law Committee" One Co-operative society wants to get it registered as a Limited Company u/s 366 of the Companies Act 2013. In this connection I went to ROC for discussion in relation to format of approval of majority of members of co-operative society and notice for such registration to be given by Co-operative society in News paper. But ROC informed me that such registration under Part I of Chapter XXI has been stopped, since there is ambiguity in the Act and the rules notified for the said chapter. ROC also informed me that there is an internal Order of Higher authorities for not registering such companies till further orders. I think this is the problem in implementing the law. You are requested to present before the Company Law Committee.

Views (3880)
Posted By: Atul kulkarni 11 year(s) ago

Answer

Hi, Is their any other compliance which need to be done by a company besides below mentioned:- 1. A Board Meeting need to Read More
Hi, Is their any other compliance which need to be done by a company besides below mentioned:- 1. A Board Meeting need to be called -with 30 days of Incorporation. 2. Appointment of Auditor -with 30 days of Incorporation, 3. Disclosure of Interest form MGT 1 - in the First Board Meeting 4. INC22 submission for situation of Company registered office -with 30 days of Incorporation, 5. Allotment of Shares -within 60 days of incorporation. Regards, diin_cs@denso.co.in

Views (2901)
Posted By: Deepak 10 year(s) ago

Answer

Dear Experts, One of my client running a proprietorship firm and possessing of land, building, plant and machinery in the propr Read More
Dear Experts, One of my client running a proprietorship firm and possessing of land, building, plant and machinery in the proprietor name and recently he has formed private limited company and having 50% of shares and remaining allotted to his wife and sons. Now my question is they wants to take over the proprietorship concern i.e. all assets and liability of the existing concern into private limited company. Whereas we have not mentioned these transaction in the object clause. Can anyone provide the procedure to be followed without facing any consequences in future. and they wants to avoid the capital gain tax under income tax act. Please share the step by step procedures.

Views (3658)
Posted By: Aishwarya 10 year(s) ago

Answer

Our Client want to form a Nidhi Company. Whether we should first form a Public Company and after that apply for Nidhi Company or W Read More
Our Client want to form a Nidhi Company. Whether we should first form a Public Company and after that apply for Nidhi Company or Whether there is separate procedure for formation of the Nidhi Company from the beginning ?? Kindly advise.

Views (2886)
Posted By: Arun rajabhau joshi 10 year(s) ago

Answer

Can a company registered with multiple object, like construction, food processing activity, trading etc. ? If yes than kindly prov Read More
Can a company registered with multiple object, like construction, food processing activity, trading etc. ? If yes than kindly provide reference of Section, notification or circular.

Views (3205)
Posted By: Amitesh ravi 10 year(s) ago

Answer

Anyone can you please provideList of Main Objectives of Digital Marketing company in MOA. Thanking You, Read More
Anyone can you please provideList of Main Objectives of Digital Marketing company in MOA. Thanking You,

Views (2454)
Posted By: Arjun 9 year(s) ago

Answer

1 Read More
1

Views (3116)
Posted By: Atul setu 9 month(s) ago

Answer

1 Read More
1

Views (3050)
Posted By: Atul setu 9 month(s) ago

Winding-up

Answer

process of winding up of a pvt ltd co. with form name Read More
process of winding up of a pvt ltd co. with form name

Views (2437)
Posted By: Anshul mittal 12 year(s) ago

Answer

A Private Limited Company has submitted Application U/s.560 of CA,1956 during December 2014. As on date the status on MCA portal i Read More
A Private Limited Company has submitted Application U/s.560 of CA,1956 during December 2014. As on date the status on MCA portal is " Action initiated U/s.560(3) of the Act." In the light of this does the company required to file AOC-4, MGT-7 for FY 2014.15? Please clarify

Views (2393)
Posted By: V. maslekar 11 year(s) ago

Answer

Hello Professionals, I have a Pvt Ltd which is inoperative since two years, I wish to windup the company using FTE mode & I had a Read More
Hello Professionals, I have a Pvt Ltd which is inoperative since two years, I wish to windup the company using FTE mode & I had a few doubts: -Is FTE mode still applicable as of today, because I don't see the form when I enquire for fees -The board resolution to be passed to authorise the directors to make the winding up proceedings but we still have an operative bank account, I wanted to know if the same resolution can be done for both closure of bank account & authorising winding up proceedings. -I have some cash balance, is it okey to have the cash balance as the directors have to give an affidavit that there are no assets & liabilities -The Annexure A format says "Company registered under Companies Act 1956" but mine is registered under Companies act 2013 can I change the text. -Do I need to file the board resolution with MCA before filling Form FTE -What extra attachments do i need apart from these in Form FTE Attachments -Annexure A,B,C --Board Resolution Regards. diin_cs@denso.co.in

Views (1653)
Posted By: Deepak 10 year(s) ago

Answer

Company is not operating since 3 years, it was incorporated 5 years back. It has not even filed annual statements since 3 years wi Read More
Company is not operating since 3 years, it was incorporated 5 years back. It has not even filed annual statements since 3 years with ROC. Now, it was to remove its name from ROC records. How can it do so? it dosent have any liabilities, creditors or borrowings?

Views (1503)
Posted By: Procs 9 year(s) ago

Answer

I have a company which was incorporated in the year 2005, but now the company has some statutory dues and loans and want to close Read More
I have a company which was incorporated in the year 2005, but now the company has some statutory dues and loans and want to close the company. My question is whether the company can go for strike off u/s 248 of the Act or it has to go for voluntary winding up by members? Which procedure we need to opt.. strike off or winding up. Please suggest.

Views (1775)
Posted By: Shristi jain 9 year(s) ago

Answer

I want to get the name of the company removed from the register of companies . Please suggest me the entire procedure and the cond Read More
I want to get the name of the company removed from the register of companies . Please suggest me the entire procedure and the conditions which I have to fulfill and the requisite forms which i need to file. Thanx CA Mahendra Mittal

Views (1929)
Posted By: Mahendra 11 year(s) ago

Answer

COMPANIES ACT 1956 HAD PROVIDED A SCHEME OF EASY EXIT FOR CLOSURE OF A COMPANY. NOW, WHETHER THIS SCHEME CONTINUES IN THE NEW ACT Read More
COMPANIES ACT 1956 HAD PROVIDED A SCHEME OF EASY EXIT FOR CLOSURE OF A COMPANY. NOW, WHETHER THIS SCHEME CONTINUES IN THE NEW ACT OR SOME OTHER GUIDELINES/ PROVISIONS HAVE BEEN INTRODUCED FOR THE PURPOSE?

Views (4176)
Posted By: Krishna kumar gaggar 12 year(s) ago

Answer

For easy exit, a company has to submit inter-alia a statement of account duly certified by a CA in practice or auditor of the comp Read More
For easy exit, a company has to submit inter-alia a statement of account duly certified by a CA in practice or auditor of the company. Please tell how much old-dated statement of accounts can be submitted. Can Statement dt. 31.03.14 will do for closure in this month

Views (4094)
Posted By: Krishna kumar gaggar 12 year(s) ago

Answer

Respected Sir / Madam, We wish to apply for Fast Track Exit Scheme on one of our Private Limited Company. The Company has made def Read More
Respected Sir / Madam, We wish to apply for Fast Track Exit Scheme on one of our Private Limited Company. The Company has made default in filing of Balance Sheet and Annual Return for past 6 years. In view of the above, whether we can proceed for fast track exit of the Company with defaulting status. Please accord your valuable direction.

Views (2927)
Posted By: Murli lahoti 12 year(s) ago

Answer

What is the procedure of voluntary winding up of a private limited company as per the companies act, 2013 along with the details o Read More
What is the procedure of voluntary winding up of a private limited company as per the companies act, 2013 along with the details of forms to be filed with the ROC? Please help.

Views (1860)
Posted By: Manisha 11 year(s) ago

Answer

Hello Everyone, Can anyone please help me in the procedure of voluntary winding-up of private company, along with the formats of a Read More
Hello Everyone, Can anyone please help me in the procedure of voluntary winding-up of private company, along with the formats of affidavits, declarations, resolutions, forms etc. required in this regard.

Views (1866)
Posted By: Dhavneesh gupta 11 year(s) ago

Answer

Hello all. I need clarification regarding-What should we do to sell the Assets of the Private Limited Company which has Striked of Read More
Hello all. I need clarification regarding-What should we do to sell the Assets of the Private Limited Company which has Striked off by ROC for Non filing of Annual Documents.

Views (2056)
Posted By: Aishwarya 9 year(s) ago

Answer

Can a director file STK Forms for striking off even if he is disqualified U/s 164(2) in other company ? Read More
Can a director file STK Forms for striking off even if he is disqualified U/s 164(2) in other company ?

Views (1420)
Posted By: Aishwarya 9 year(s) ago

Answer

If a Director is disqualified u/s 164(2) in X Company then Can he hold the directorships in Y Company? Thanks in advance Read More
If a Director is disqualified u/s 164(2) in X Company then Can he hold the directorships in Y Company? Thanks in advance

Views (1400)
Posted By: Aishwarya 9 year(s) ago

Restructuring

Answer

will the reconstitution of audit committee, nomination & remuneration committee and stakeholders committee shown in the annual rep Read More
will the reconstitution of audit committee, nomination & remuneration committee and stakeholders committee shown in the annual report of the company?

Views (1855)
Posted By: Rajesh agrawal 12 year(s) ago

Answer

Whether stamp duty on transfer of property is required to pay on amalgamation /merger of wholly owned subsidiary Company into hold Read More
Whether stamp duty on transfer of property is required to pay on amalgamation /merger of wholly owned subsidiary Company into holding Company ?

Views (2392)
Posted By: Arun rajabhau joshi 9 year(s) ago

Answer

Dear Sir, Whether stamp duty is required to be paid on fixed assets of the wholly owned subsidiary Company at the time of amalgama Read More
Dear Sir, Whether stamp duty is required to be paid on fixed assets of the wholly owned subsidiary Company at the time of amalgamation /merger of wholly owned subsidiary Company into holding Company ?

Views (2984)
Posted By: Arun rajabhau joshi 9 year(s) ago

Answer

By virtue of IPO IN 1993-1994 FY some allotment money arrears ( appllication - Rs.5/- allotment money Rs.5/-) @Rs.5 on 49600/- Read More
By virtue of IPO IN 1993-1994 FY some allotment money arrears ( appllication - Rs.5/- allotment money Rs.5/-) @Rs.5 on 49600/- shares are unpaid by shares and remains as partly paid up shares till today. But due to loss of data company is not having the details of partly paid up share public shareholders, thereby company unable to forfeit. What is the solution to clean up the balance sheet. If the company is unable to identify the shareholders and call the arrears from them what is the use of keeping that partly paid up shares years together? can't the company make them as fully paid in the interest of shareholders (without forfeiting and without reduction and without depriving the interests of shareholders)? * total number of fully paid shares re 9432040 Nos. If the company keeps it for years together how it can decide the voting rights at the time of any corporate actions of such company?

Views (1742)
Posted By: Priyadarshini 9 year(s) ago

Answer

what is shareholders agreement and its format? Read More
what is shareholders agreement and its format?

Views (2047)
Posted By: Reena 12 year(s) ago

Remuneration to KMP

Answer

the shareholders of our company has approved the appointment of MD fr a perio0d of 5 years under Schedule XIII of the Companies Ac Read More
the shareholders of our company has approved the appointment of MD fr a perio0d of 5 years under Schedule XIII of the Companies Act,1956. the Central Govt. has approved his remuneration for 3 years. is it possible to approach the CG for the remaining period of 2 years again without approaching the shareholdsers again??

Views (2222)
Posted By: Nilesh jain 11 year(s) ago

Answer

Please guide about remuneration to directors/members, Section 8 Company being not for profit Company, Whether we can pay or not Read More
Please guide about remuneration to directors/members, Section 8 Company being not for profit Company, Whether we can pay or not ? If yes, then are there any restrictions from Company law point of view? In my opinion remuneration which can be prudent is allowable. Is it correct?

Views (7337)
Posted By: Pritesh gangwal 9 year(s) ago

Answer

Mr. A, an Indian Resident is a Managing Director of XYZ Limited, a listed entity. At present, he is withdrawing salary of Rs.90 La Read More
Mr. A, an Indian Resident is a Managing Director of XYZ Limited, a listed entity. At present, he is withdrawing salary of Rs.90 Lac per annum from XYZ Limited and of Rs. INR 20 Lac per annum from XYZ Brazil Inc, which is a foreign subsidiary of XYZ Limited. Now he is intending to withdrawn salary of INR 40 Lac per annum from XYZ Europe Inc, another foreign step down subsidiary of XYZ Limited. Can Mr. A draw salary from another foreign subsidiary?

Views (1888)
Posted By: Ashok 9 year(s) ago

Answer

Mr. A is an MD in the Holding Company and Subsidiary Company. But Mr. A is getting managerial remuneration from Holding Company. H Read More
Mr. A is an MD in the Holding Company and Subsidiary Company. But Mr. A is getting managerial remuneration from Holding Company. He is not getting anything from Subsidiary Company except for sitting fees. He now intends to get salary from Subsidiary Company also. Going forward, Mr. A is getting the maximum salary from Holding Company in terms of Section V of Part II of Schedule V of the Companies Act, 2013. Can he still be paid salary from Subsidiary Company by filing an application with the Central Government. Please advise.

Views (2215)
Posted By: Anil 11 year(s) ago

Answer

Dear Sir/ Madam, 3% Remuneration paid to NED on the basis of Last F.y Profit For c.y remuneration. As the Profit is lower in C.y Read More
Dear Sir/ Madam, 3% Remuneration paid to NED on the basis of Last F.y Profit For c.y remuneration. As the Profit is lower in C.y compare to P.Y profit, excess remuneration paid to NED can waive without approval of CG as the total remuneration is within limit of 11%?

Views (1698)
Posted By: Siddhi 9 year(s) ago

Answer

In case of revision in remuneration of Managing Director of a listed entity, within the limits of Section 197 i.e. 5 % of net pro Read More
In case of revision in remuneration of Managing Director of a listed entity, within the limits of Section 197 i.e. 5 % of net profits, do we have to go for Shareholders approval? And what if the Shareholders don’t approve the same, will the revised remuneration paid on the basis of Board approval be liable to be refunded by him?

Views (1744)
Posted By: Prerna kapoor 10 year(s) ago

Answer

Can a Public Limited Company (Unlisted Company) give commission apart from remuneration to MD and WTD.? If yes, then till what lim Read More
Can a Public Limited Company (Unlisted Company) give commission apart from remuneration to MD and WTD.? If yes, then till what limit or percentage the company can give commission to each.?

Views (2062)
Posted By: Nikki 10 year(s) ago

Answer

Can a whole time director be paid sitting fees for attending board / committee meeting. If yes, would the same be treated as part Read More
Can a whole time director be paid sitting fees for attending board / committee meeting. If yes, would the same be treated as part of his managerial remuneration for the purpose of the limits prescribed under the act.

Views (1792)
Posted By: Arun kumar 12 year(s) ago

Answer

In case of fixation of remuneration under Schedule V of the Companies Act, should the Company obtain prior approval by way of spec Read More
In case of fixation of remuneration under Schedule V of the Companies Act, should the Company obtain prior approval by way of special resolution for payment of remuneration. Section 196(4) provides that the resolution can be passed by the shareholders at the next general meeting. So no prior approval is required and that the remuneration can be approved at the next general meeting.

Views (2002)
Posted By: Arun kumar 12 year(s) ago

Answer

A listed public company has passed resolution in Sept. 2010 for re-appointment of Managing Director for 5 years i.e (Sept. 2010 to Read More
A listed public company has passed resolution in Sept. 2010 for re-appointment of Managing Director for 5 years i.e (Sept. 2010 to Sept. 2015) & their remuneration in Remuneration Committee, Board Meeting & Shareholders Meeting under the Companies Act, 1956. The Co. has obtained MCA approval for remuneration payment (5% of Profits) to MD year 2013-14 due to inadequate Profits. The Company has inadequate Profits in current year 2014-15 and required MCA approval. The Co. has not passed any resolution in Remuneration Committee, Board Meeting & Shareholders Meeting under the Companies Act, 2013 during the Year 2014-15. As per MCA Circular 32/2014 dated 23.07.2014 – Clarification on transitional period for resolutions passed under the Companies Act, 1956. It is clarified that resolutions approved or passed by companies under relevant applicable provisions of the old act during the period from 01st Sept, 2013 to 31st March 2014 can be implemented in accordance with provisions of old act, notwithstanding the repeal of the relevant provisions subject to the conditions a) That the implementation of the resolution actually commenced before 01st April, 2014 and b) That this transitional arrangement will be available upto expiry of one year from the passing of the resolution or 6 months from the commencement of the corresponding provision in new Act whichever is later. Now what are the options available to the company: 1. Apply to MCA for their approval on the basis of resolutions passed under the Old Act – The Companies act, 1956. Or 2. The company pass related resolutions in next AGM -2015 and apply to MCA after passing of resolutions for waiver of remuneration payment made to MD during the year 2014-15.

Views (2256)
Posted By: Sunil kumar agrawal 12 year(s) ago

Answer

Payment of Managerial Remuneration A Unlisted Public Limited Company having no profit or inadequate profit want to appoint/re-ap Read More
Payment of Managerial Remuneration A Unlisted Public Limited Company having no profit or inadequate profit want to appoint/re-appoint managing Director/WD and proposes to pay or revise remuneration which is less than Slab mentioned in Part (a) of section II of schedule V of companies Act, 2013. For Example (i) Effective capital is Negative or Less than 5 Crores and Limit under this slab is Rs. 30 Laks P.A.- In this case company propose to pay or revise remuneration of Rs. 25 Lacs P.A., So company need to pass ordinary Resolution. Please clearly that in this case is it compulsory for the company to approve the remuneration by Nomination and Remuneration committee ?

Views (3440)
Posted By: Vasant patel 11 year(s) ago

Answer

Hi, Please advise, the maximum amount which can be paid to the executive directors in case of loss making private company. Than Read More
Hi, Please advise, the maximum amount which can be paid to the executive directors in case of loss making private company. Thanks

Views (2098)
Posted By: Nidhi goel 11 year(s) ago

Answer

Can a public limited company fix KMP remuneration for five years? Read More
Can a public limited company fix KMP remuneration for five years?

Views (2012)
Posted By: Company secretary 11 year(s) ago

Answer

We are a public company unlisted company . We have changed our method of Depriciaiton from WDV to Starightline method as per the n Read More
We are a public company unlisted company . We have changed our method of Depriciaiton from WDV to Starightline method as per the new companies act 2013 applicable on useful life of the asset from 1.04.2014. Due to this there is change in the carrying cost of the asset where surplus in profit and loss account arises to the the extent of Rs. 7 Crores My question is whether this amount is to be excluded from profits for the calculation of net profits for managerial remuneration under sec 198 .

Views (3547)
Posted By: K suresh babu 11 year(s) ago

Answer

What is the corresponding section in companies act 2013 for section 217 (2A) of companies Act 1956,(disclosure in board report for Read More
What is the corresponding section in companies act 2013 for section 217 (2A) of companies Act 1956,(disclosure in board report for remuneration to employees earning more than the limit)?

Views (2109)
Posted By: Nirupama v 11 year(s) ago

Answer

What is the corresponding section/provision to section 200 of the Companies Act, 1956 in the new Act? Read More
What is the corresponding section/provision to section 200 of the Companies Act, 1956 in the new Act?

Views (2004)
Posted By: Astha 10 year(s) ago

Answer

Mr. A, an Indian Resident is a Managing Director of XYZ Limited, a listed entity. At present, he is withdrawing salary of Rs.90 La Read More
Mr. A, an Indian Resident is a Managing Director of XYZ Limited, a listed entity. At present, he is withdrawing salary of Rs.90 Lac per annum from XYZ Limited and of Rs. INR 20 Lac per annum from XYZ Brazil Inc, which is a foreign subsidiary of XYZ Limited. Now he is intending to withdrawn salary of INR 40 Lac per annum from XYZ Europe Inc, another foreign step down subsidiary of XYZ Limited. Can Mr. A draw salary from another foreign subsidiary?

Views (1993)
Posted By: Ashok 9 year(s) ago

Board of Directors

Answer

can a whole time employee of the company be appointed as alternate to foreign director? Read More
can a whole time employee of the company be appointed as alternate to foreign director?

Views (2192)
Posted By: Pooja garg 10 year(s) ago

Answer

A PUBLIC COMPANY HAS THREE DIRECTORS AND ONE DIRECTOR HAS RESIGNED ON 30.06.2016. THE NUMBERS OF DIRECTORS FALLS BELOW THE MINIMUM Read More
A PUBLIC COMPANY HAS THREE DIRECTORS AND ONE DIRECTOR HAS RESIGNED ON 30.06.2016. THE NUMBERS OF DIRECTORS FALLS BELOW THE MINIMUM 3 DIRECTORS REQUIRED FOR PUBLIC COMPANIES. THE COMPANY HAS NOT APPOINTED NEW DIRECTOR TILL DATE. WHAT IS THE TIME REQUIRED FOR APPOINTMENT OF NEW DIRECTOR AND WHAT ARE CONSEQUENCES FOR DELAY IN APPOINTMENT. PLEASE ADVISE.

Views (1999)
Posted By: Ravinder 10 year(s) ago

Answer

Rule 8(3) of the Companies (Meetings of Board and its Powers) Rules, 2014 provides "to take note of appointment(s) or removal(s) o Read More
Rule 8(3) of the Companies (Meetings of Board and its Powers) Rules, 2014 provides "to take note of appointment(s) or removal(s) of one level below the Key Management Personnel." Query: who is covered under one level below KMP? Whether it cover- director, executive or non executive, independent director or other person.

Views (4785)
Posted By: Sushil kumar antal 12 year(s) ago

Answer

One of our company needs to re-appoint Managing Director we had given his tenuers as 3 years from the date of appointment. Present Read More
One of our company needs to re-appoint Managing Director we had given his tenuers as 3 years from the date of appointment. Presently he is 68 years, my query is whether his re-appointment needs central government approval?

Views (2696)
Posted By: Nava bharat ventures limited 11 year(s) ago

Answer

Can a wholly owned subsidiary company buy back its shares from its Holding Company ? Read More
Can a wholly owned subsidiary company buy back its shares from its Holding Company ?

Views (2299)
Posted By: Kanika gupta 11 year(s) ago

Answer

Two directors were appointed as additional directors, on 01st October, 2014, in a private limited company. Following which two ear Read More
Two directors were appointed as additional directors, on 01st October, 2014, in a private limited company. Following which two earlier directors resigned on 10th October, 2014. Now the Company was left with two additional directors only. Can a Company have only additional directors on its board?

Views (2016)
Posted By: Vikram 11 year(s) ago

Answer

Is it necessary to execute an agreement for the appointment of Managing Director in a listed company?If yes, whether the same is r Read More
Is it necessary to execute an agreement for the appointment of Managing Director in a listed company?If yes, whether the same is required to be printed on a stamp paper?

Views (2138)
Posted By: Rajesh agrawal 11 year(s) ago

Answer

Hi, For appointment of a whole time director in a private company, would we need to file both DIR 12 and MR 1? If yes, please shar Read More
Hi, For appointment of a whole time director in a private company, would we need to file both DIR 12 and MR 1? If yes, please share the appointment letter format that is required to be annexed to DIR 12. Thanks

Views (2333)
Posted By: Deepti vohra 12 year(s) ago

Answer

A listed company has 4 directors. Of this, 3 directors are independent directors and the other is the Managing Director. As per th Read More
A listed company has 4 directors. Of this, 3 directors are independent directors and the other is the Managing Director. As per the Companies Act 2013, independent directors shall not be liable to retire by rotation. Hence in this case, the Managing Director has to be made rotational director and the 3 independent directors should be appointed for 5 years. Am i right?

Views (2213)
Posted By: Arun kumar 12 year(s) ago

Answer

Hi, In order to open a office/ branch outside India by an Indian company, is there any requirement of Board of Directors to pass a Read More
Hi, In order to open a office/ branch outside India by an Indian company, is there any requirement of Board of Directors to pass a resolution in board meeting? If yes, under what section?

Views (2004)
Posted By: Gagandeep singh 12 year(s) ago

Answer

is appointment of a woman director mandatory in a listed company for the financial year 2013-2014 Read More
is appointment of a woman director mandatory in a listed company for the financial year 2013-2014

Views (1814)
Posted By: Rajesh agrawal 12 year(s) ago

Answer

We are an unlisted Public Company comprising 8 person on Board of Directors. Out of 8 directors, 4 are Independent Directors (inc Read More
We are an unlisted Public Company comprising 8 person on Board of Directors. Out of 8 directors, 4 are Independent Directors (including one woman director), 2 are Nominee Directors, 1 is Managing Director and remaining 1 is non executive director cum chairman. We need to know whether our company’s board composition is in compliance of Section 152 (6) of the CA 2013. As per section 152 (6), not less than 2/3 of the total number of directors of a public company shall be appointed on liable to retire by rotation basis and while counting total numbers of directors, independent director shall not be counted for this purpose. Further as per Shareholders’ Agreement nominee directors are not liable to retire by rotation and Managing director by virtue of his appointment of 3 years, he will also not be treated as retiring director. Thus we are left with one non executive director who is only retiring director. Do we need to appoint more directors to comply with Section 152 (6)? Your views are solicited.

Views (2785)
Posted By: Ujjwal 12 year(s) ago

Answer

A Private Company has filed DIR-12 for appointing of directors to MCA but later on came to know that they are to be appointed as Read More
A Private Company has filed DIR-12 for appointing of directors to MCA but later on came to know that they are to be appointed as WTD. What remedy does the company have now?Should it have to obtain Shareholders approval now ?

Views (2461)
Posted By: Mookambika r 12 year(s) ago

Answer

Are Provisions of Sec.134(5)(e) of the Companies Act, 2013 applicable to a Private Unlisted Company? Further whether Rule 8(5)(vii Read More
Are Provisions of Sec.134(5)(e) of the Companies Act, 2013 applicable to a Private Unlisted Company? Further whether Rule 8(5)(viii) of the Companies (Accounts) Rules,2014 are applicable to a Private Unlisted Company? Please clarify

Views (3680)
Posted By: V. maslekar 10 year(s) ago

Answer

A company has 7 Directors which includes 5 Independent Directors, 1 Managing Director and 1 Non-Executive Non Independent Director Read More
A company has 7 Directors which includes 5 Independent Directors, 1 Managing Director and 1 Non-Executive Non Independent Director. In the above case, can the Non-Executive Non-Independent Director retire by rotation and reappointed every year at every Annual General Meeting.

Views (2274)
Posted By: Prerna kapoor 10 year(s) ago

Answer

Limited Co.(Not Pvt. Ltd) non listed appointed Additional Director through BOD whether MGT 14 is required to be filed Read More
Limited Co.(Not Pvt. Ltd) non listed appointed Additional Director through BOD whether MGT 14 is required to be filed

Views (2172)
Posted By: Purushottam lal agrawal 10 year(s) ago

Answer

Pvt Ltd co. have only 2 directors , disputes between them arise, how EOGM COULD BE CALLED FOR appointment of another director . Read More
Pvt Ltd co. have only 2 directors , disputes between them arise, how EOGM COULD BE CALLED FOR appointment of another director .

Views (1936)
Posted By: Purushottam lal agrawal 10 year(s) ago

Answer

In a Pvt. Ltd Company shares hold by other than director, how can company shows the same into MGT-9 share holding pattern sheet.wh Read More
In a Pvt. Ltd Company shares hold by other than director, how can company shows the same into MGT-9 share holding pattern sheet.where is option only for promoter and public issue.

Views (2209)
Posted By: Rahul kumar jain 11 year(s) ago

Answer

What are differences between roles and responsibilities of Managing Director, Chief Executive officer and Chairman of the Company Read More
What are differences between roles and responsibilities of Managing Director, Chief Executive officer and Chairman of the Company

Views (2347)
Posted By: Jai bhagchandani 11 year(s) ago

Director

Answer

THEFORMAT OF DECLARATIONS FROM DIRECTORS CORRESPONDING TO SECTIONS TO SECTIONS 299 AND 274(1)(G) ARE SECTIONS 164 AND 184. IS TH Read More
THEFORMAT OF DECLARATIONS FROM DIRECTORS CORRESPONDING TO SECTIONS TO SECTIONS 299 AND 274(1)(G) ARE SECTIONS 164 AND 184. IS THERE ANY FORMAT SUGGESTED,.UNDER THE RULES I AM NOT ABLE TO FIND ANY DRAFT FORMAT.

Views (7879)
Posted By: Ravi arora 12 year(s) ago

Answer

Dear All, Please advise whether company can take interest free loan form director and also in case of loan to wholly owned subsidi Read More
Dear All, Please advise whether company can take interest free loan form director and also in case of loan to wholly owned subsidiary company from holding company. Thanks

Views (22055)
Posted By: Nidhi goel 11 year(s) ago

Answer

We are pvt limited company operating from SEZ with share capital less than 20 crores. We will be appointing an executive director Read More
We are pvt limited company operating from SEZ with share capital less than 20 crores. We will be appointing an executive director shortly. In this connection, could you pl clarify the following: a) whether sec 196 is applicable for us b) whether sec 197 is applicable for us? c) do we need to file MR-1? d) Any other form that will be required to be filed in this regard apart from DIR-12 either on a monthly/quarterly/annual basis?

Views (2473)
Posted By: Tci chemicals india pvt ltd 12 year(s) ago

Answer

what are the additional grounds under section 167(4) for a private limited co Read More
what are the additional grounds under section 167(4) for a private limited co

Views (2024)
Posted By: Reena 12 year(s) ago

Answer

In a private company there are two directors A & B. Both A & B want to resign. Now if we appoint two additional directors C & D u/ Read More
In a private company there are two directors A & B. Both A & B want to resign. Now if we appoint two additional directors C & D u/s 161. Can A & B resign before regularisation of additional directors C & D in the ensuing AGM.

Views (2738)
Posted By: Dhavneesh gupta 12 year(s) ago

Answer

HOW WILL I FIND DIN WITH HELP OF PAN Read More
HOW WILL I FIND DIN WITH HELP OF PAN

Views (2186)
Posted By: Anshul mittal 12 year(s) ago

Answer

4 Directors in a Public Limited Company have not attended a single Board Meeting during 2015.16 Financial Year. However, they have Read More
4 Directors in a Public Limited Company have not attended a single Board Meeting during 2015.16 Financial Year. However, they have sought Leave of Absence, which was granted by the Board. Under Sec.167(b) of the CA 2013, are they deemed to have vacated office?

Views (2242)
Posted By: V. maslekar 10 year(s) ago

Answer

PVT company - of 3 directors, in borad, two are forign nationals resident abroad - the resident director passed away 5 weeks back- Read More
PVT company - of 3 directors, in borad, two are forign nationals resident abroad - the resident director passed away 5 weeks back-the obtention of documents for digital signature of the non resident director is taking time-is there any time limit for the appointment of the new resident director- please advise

Views (1607)
Posted By: M s ramachandran 9 year(s) ago

Answer

A pvt Co has two directos - A and B. Director A resigns u/s 168 and there is a casual vacancy and the number of Director resulted Read More
A pvt Co has two directos - A and B. Director A resigns u/s 168 and there is a casual vacancy and the number of Director resulted in less than minimum two.It is proposed that the continuing director B complying with Sec174(2) hold a Board meeting for a limited purpose of appointing a new director C to fill up casual vacancy caused by resignation of A and appointment confirmed in AGM to comply provisions u/s152(2). Is is permitted? Or C is to be compulsorily appointed as Addl Director u/s 161(1)?

Views (3480)
Posted By: Sreenivasa rao 12 year(s) ago

Answer

Can articles provide for two votes per seat for executive directors on certain matters? Read More
Can articles provide for two votes per seat for executive directors on certain matters?

Views (1750)
Posted By: Khushboo khatreja 10 year(s) ago

Answer

Is it compulsory for the Directors to file DIR 8 with the companies in which they are Directors if any of their company is in defa Read More
Is it compulsory for the Directors to file DIR 8 with the companies in which they are Directors if any of their company is in default of annual filing. Further DIR 9 is about what. Is it necessary for all the company who hv defaulted in annual filing to file this form with ROC.

Views (1888)
Posted By: Anita 12 year(s) ago

Answer

Whether the Form DIR-8 is required to be obtained from all the existing directors at the beginning of the year (Apr 2014) and to b Read More
Whether the Form DIR-8 is required to be obtained from all the existing directors at the beginning of the year (Apr 2014) and to be placed in the Board Meeting?

Views (3499)
Posted By: Rishi harlalka 12 year(s) ago

Answer

As per new CA-13, in case of appointment of KMP we hv to file Form MGT-14 as well as MR-1.In a private companies wher the KMP is n Read More
As per new CA-13, in case of appointment of KMP we hv to file Form MGT-14 as well as MR-1.In a private companies wher the KMP is not required, if we appoint a Director as a whole time Director, do we need to file the above two forms and also require to follow the sch V for payment of remuneration or we can appoint the person as a non executive Director and pay any remuneration as remuneration restrictions are not applicable to private companies.will Paying a full fledged remuneration make him a whole time director

Views (2319)
Posted By: Anita 12 year(s) ago

Answer

In a Pvt Ltd, in 2013 a promoter director was appointed as an executive director at a remuneration beyond the present notified sch Read More
In a Pvt Ltd, in 2013 a promoter director was appointed as an executive director at a remuneration beyond the present notified schedule V. Whether the remuneration holds good after 01.04.2014

Views (3807)
Posted By: Radhika 12 year(s) ago

Answer

If in a private company there are 2 directors & both the directors are interested in a particular Board Resolution, then cant the Read More
If in a private company there are 2 directors & both the directors are interested in a particular Board Resolution, then cant the resolution be passed? If no, then how can be the resolution passed?

Views (2341)
Posted By: Suresh 12 year(s) ago

Answer

It is mandatory to deposit Rs. 1.00 lac in case of changing designation of director to whole time director as per section 160 Read More
It is mandatory to deposit Rs. 1.00 lac in case of changing designation of director to whole time director as per section 160

Views (2424)
Posted By: Vishal arora 11 year(s) ago

Answer

As per MCA Notification dated 05.06.2015 Exemption is granted to Government companies from filing of DIR-12.This would lead to dif Read More
As per MCA Notification dated 05.06.2015 Exemption is granted to Government companies from filing of DIR-12.This would lead to difficulty in keeping the track of Directors.What is alternate remedy for this?

Views (2889)
Posted By: R balasubramanian 11 year(s) ago

Answer

IF A COMPANY DOES NOT HAVE ADEQUATE PROFIT OR HAS INCURRED LOSS THEN WHAT IS THE AMOUNT OF REMUNERATION THAT CAN BE PAID TO THE EX Read More
IF A COMPANY DOES NOT HAVE ADEQUATE PROFIT OR HAS INCURRED LOSS THEN WHAT IS THE AMOUNT OF REMUNERATION THAT CAN BE PAID TO THE EXECUTIVE DIRECTORS INCLUDING MANAGING DIRECTOR.

Views (1787)
Posted By: Divakaran suresh 11 year(s) ago

Answer

As per section 167, the directors should remain present for at least in one Board Meeting during the year. can the Director be pr Read More
As per section 167, the directors should remain present for at least in one Board Meeting during the year. can the Director be present through a video conference meeting instead of being personally present

Views (2540)
Posted By: Roshan 11 year(s) ago

Answer

Can a director of a pvt company provide security against loan taken by the company from any bank? Read More
Can a director of a pvt company provide security against loan taken by the company from any bank?

Views (2053)
Posted By: Kamal 11 year(s) ago

Answer

Can anyone guide me in process of SURRENDER of DIN Read More
Can anyone guide me in process of SURRENDER of DIN

Views (3198)
Posted By: Viral sanghavi 11 year(s) ago

Answer

Under the Companies Act, 2013, Non-Independent Directors such as MD or Non-Executive Director liable to retire by rotation or has Read More
Under the Companies Act, 2013, Non-Independent Directors such as MD or Non-Executive Director liable to retire by rotation or has the provisions of retirement by rotation been done away with?

Views (2073)
Posted By: Rajesh agrawal 11 year(s) ago

Answer

There are some loans which were given by the Company to its directors in the year 2010. What will be the treatment of these loans Read More
There are some loans which were given by the Company to its directors in the year 2010. What will be the treatment of these loans after coming into force of Section 185.

Views (3272)
Posted By: Hardam singh 11 year(s) ago

Answer

For closely held Private Limited co. to be incorporate as per Co-Act 2013, whether Articles can provide that Director should no Read More
For closely held Private Limited co. to be incorporate as per Co-Act 2013, whether Articles can provide that Director should not retire by rotation ?

Views (2126)
Posted By: Debabrata 11 year(s) ago

Q & A

Question Sorting on

KMP

Can a public limited company not falling under the prescribed class of companies for Sec 203 appoint all its directors as non-exec Read More Can a public limited company not falling under the prescribed class of companies for Sec 203 appoint all its directors as non-executive?

Has it become mandatory to appoint KMP from April 1, 2014 or do we have transition period of 6 months for the same Read More Has it become mandatory to appoint KMP from April 1, 2014 or do we have transition period of 6 months for the same

To appoint a whole time director in a private limited co, what are the resolutions ( BR or EGM) and which forms need to be filed t Read More To appoint a whole time director in a private limited co, what are the resolutions ( BR or EGM) and which forms need to be filed to RoC ?

In a private company ,if whole time director is designates as KEY MANAGERIAL PERSONNEL, whats is the procedure? Read More In a private company ,if whole time director is designates as KEY MANAGERIAL PERSONNEL, whats is the procedure?

Can a person be appointed as MD/ WTD of more than 2 Govt. Companies ? Read More Can a person be appointed as MD/ WTD of more than 2 Govt. Companies ?

What is the time limit of appointment of KMP in a listed company and board or special resolution is required? Read More What is the time limit of appointment of KMP in a listed company and board or special resolution is required?

A co. having a paid up capital of more than 50 cr ; already having MD and CS as KMP. Does it reuired to appoint CFO also as per se Read More A co. having a paid up capital of more than 50 cr ; already having MD and CS as KMP. Does it reuired to appoint CFO also as per sec 203 of the act

Can appointment of KMP be done through Resolution by Circulation. Read More Can appointment of KMP be done through Resolution by Circulation.

Are Directors and Company Secretary required to be reappointed as KMP through board resolution ? Read More Are Directors and Company Secretary required to be reappointed as KMP through board resolution ?

Whether it is necessary to file form DIR-12 for the appointment of CEO Read More Whether it is necessary to file form DIR-12 for the appointment of CEO

Can CMD be appointed as CFO Read More Can CMD be appointed as CFO

Shareholders Meeting

In a Pvt limited both the Directors and members are Non-Resident...in this case the place of the AGM where???? Read More In a Pvt limited both the Directors and members are Non-Resident...in this case the place of the AGM where????

Kindly provide me the Consent letter format for conducting EGM at shorter notice Read More Kindly provide me the Consent letter format for conducting EGM at shorter notice

Can we hold shareholders meeting via video conferencing; quorum is physically valid. Dear Sir need valid basis for that if we can Read More Can we hold shareholders meeting via video conferencing; quorum is physically valid. Dear Sir need valid basis for that if we can hold meeting

if Notice of EGM has been issued, can we call off EGM? Read More if Notice of EGM has been issued, can we call off EGM?

Can an Authorised Representative appointed to attain the General Meeting, appoint proxy on his behalf? Read More Can an Authorised Representative appointed to attain the General Meeting, appoint proxy on his behalf?

Kindly provide me with a format of special resolution required for filing MGT 14 after AGM. Read More Kindly provide me with a format of special resolution required for filing MGT 14 after AGM.

whether demand of poll is applicable in case of the Company has conducted e-voting at the AGM. Read More whether demand of poll is applicable in case of the Company has conducted e-voting at the AGM.

A company didn't received money from his promoter (shares were subscribed in MoA).How to proceed further ? how can we allocate the Read More A company didn't received money from his promoter (shares were subscribed in MoA).How to proceed further ? how can we allocate these shares to someone else?

if Notice of EGM has been issued, can we call off EGM? Read More if Notice of EGM has been issued, can we call off EGM?

CSR

Please clarify the activities eligible under the final Schedule VII of the CSR for which Income tax adjustment would be applicable Read More Please clarify the activities eligible under the final Schedule VII of the CSR for which Income tax adjustment would be applicable.Thank you

Whether CSR can be given to a trust with eligible objects by way of corpus fund? Read More Whether CSR can be given to a trust with eligible objects by way of corpus fund?

Activities Covered under CSR inadvertently shown under the head Donation. Whether can be claimed as a CSR Expenditure ? Read More Activities Covered under CSR inadvertently shown under the head Donation. Whether can be claimed as a CSR Expenditure ?

As per Rule 4(2) of the Companies (Corporate Social Responsibility Policy) Rules, can we use LLP to under take CSR activity of the Read More As per Rule 4(2) of the Companies (Corporate Social Responsibility Policy) Rules, can we use LLP to under take CSR activity of the comany?

Can profit on sale of land be considered for profit for the purpose of contribution to CSR? Read More Can profit on sale of land be considered for profit for the purpose of contribution to CSR?

Private placement

Private company allot the further equity shares to directors. is it attract private placement/preferential provisionu/s 42 or u/c Read More Private company allot the further equity shares to directors. is it attract private placement/preferential provisionu/s 42 or u/c 62

whether a private company can give offer to a partnership firm for subscribing the shares, if yes, what are the requirements. plea Read More whether a private company can give offer to a partnership firm for subscribing the shares, if yes, what are the requirements. please advise.

If a partnership firm intends to invest in equity shares then what is the procedure. Read More If a partnership firm intends to invest in equity shares then what is the procedure.

Please advise when to open and when to close the offer after shareholders meeting in case of private placement. Read More Please advise when to open and when to close the offer after shareholders meeting in case of private placement.

can compulsory convertible preference shares be given dividend at par with equity shareholders? Read More can compulsory convertible preference shares be given dividend at par with equity shareholders?

Whether the sweat equity shares can be issued to the non-executive directors? if so what are the tax implications..kindly clarify Read More Whether the sweat equity shares can be issued to the non-executive directors? if so what are the tax implications..kindly clarify ...

Under New Act, within how many days the Company is required to issue share certificates for allotment done. Read More Under New Act, within how many days the Company is required to issue share certificates for allotment done.

is it Compulsory for for a Private Limited Company who issues shares to one of the two directors at face value, to appoint valuer? Read More is it Compulsory for for a Private Limited Company who issues shares to one of the two directors at face value, to appoint valuer? Plz advice

PAS-6 is not release for private placement offer . please explain Read More PAS-6 is not release for private placement offer . please explain

Can Pvt. Ltd. company convert unsecured loan of promoter into Equity capital.? what,s the precautions to be taken care of. Kindly Read More Can Pvt. Ltd. company convert unsecured loan of promoter into Equity capital.? what,s the precautions to be taken care of. Kindly guide

Is it necessary to obtain a valuation report even in case the security is being offered at par value - say issue of redeemable pre Read More Is it necessary to obtain a valuation report even in case the security is being offered at par value - say issue of redeemable preference capital at par?

Under private placement route, can shares be issued at a price different- high or low, than valuation report Read More Under private placement route, can shares be issued at a price different- high or low, than valuation report

Hi Everyone, Can anybody provide with the format of Share certificate for preference Shares. In SH-1 its specifically mentioned Eq Read More Hi Everyone, Can anybody provide with the format of Share certificate for preference Shares. In SH-1 its specifically mentioned Equity Share.

PREFERENCE SHARE allotment other than existing share holder can be treated as Private placement Read More PREFERENCE SHARE allotment other than existing share holder can be treated as Private placement

WHAT IS THE PROCEDURE TO ALLOT SHARES TO A DIRECTOR AGAINST LOAN . IS THERE ANY CHANGE WHETHER HE IS A SHAREHOLDER OR NOT Read More WHAT IS THE PROCEDURE TO ALLOT SHARES TO A DIRECTOR AGAINST LOAN . IS THERE ANY CHANGE WHETHER HE IS A SHAREHOLDER OR NOT

SIR, What will be procedure for filing the return of allotment if it is in march 2014 such as Pas-5 , Valuation Report etc Read More SIR, What will be procedure for filing the return of allotment if it is in march 2014 such as Pas-5 , Valuation Report etc

process of transfer of share of pvt ltd Read More process of transfer of share of pvt ltd

Is anyone have sample of Debenture Trust Deed as per SH-12? Read More Is anyone have sample of Debenture Trust Deed as per SH-12?

Is there any format of application form available for subscription of non convertible redeemable cumulative preference shares unde Read More Is there any format of application form available for subscription of non convertible redeemable cumulative preference shares under private placement ?

Dear Members, I am looking for a checklist for allotment of debentures in a private limited Company. Request you to provide the sa Read More Dear Members, I am looking for a checklist for allotment of debentures in a private limited Company. Request you to provide the same.

Whether the allotment of Unsecured Debenture to Foreign Body Corporate is exempted from the definition of Deposit Read More Whether the allotment of Unsecured Debenture to Foreign Body Corporate is exempted from the definition of Deposit

PAS-6 is not release for private placement offer . please explain Read More PAS-6 is not release for private placement offer . please explain

Please advise when to open and when to close the offer after shareholders meeting in case of private placement. Read More Please advise when to open and when to close the offer after shareholders meeting in case of private placement.

Please advise when to open and when to close the offer after shareholders meeting in case of private placement. Read More Please advise when to open and when to close the offer after shareholders meeting in case of private placement.

Please advise when to open and when to close the offer after shareholders meeting in case of private placement. Read More Please advise when to open and when to close the offer after shareholders meeting in case of private placement.

Would an issue of unsecured non convertible debentures on private placement basis by a listed company be considered as issue of de Read More Would an issue of unsecured non convertible debentures on private placement basis by a listed company be considered as issue of deposit??

Can a public limited company not falling under the prescribed class of companies for Sec 203 appoint all its directors as non-exec Read More
Can a public limited company not falling under the prescribed class of companies for Sec 203 appoint all its directors as non-executive?

Has it become mandatory to appoint KMP from April 1, 2014 or do we have transition period of 6 months for the same Read More
Has it become mandatory to appoint KMP from April 1, 2014 or do we have transition period of 6 months for the same

To appoint a whole time director in a private limited co, what are the resolutions ( BR or EGM) and which forms need to be filed t Read More
To appoint a whole time director in a private limited co, what are the resolutions ( BR or EGM) and which forms need to be filed to RoC ?

In a private company ,if whole time director is designates as KEY MANAGERIAL PERSONNEL, whats is the procedure? Read More
In a private company ,if whole time director is designates as KEY MANAGERIAL PERSONNEL, whats is the procedure?

Can a person be appointed as MD/ WTD of more than 2 Govt. Companies ? Read More
Can a person be appointed as MD/ WTD of more than 2 Govt. Companies ?

What is the time limit of appointment of KMP in a listed company and board or special resolution is required? Read More
What is the time limit of appointment of KMP in a listed company and board or special resolution is required?

A co. having a paid up capital of more than 50 cr ; already having MD and CS as KMP. Does it reuired to appoint CFO also as per se Read More
A co. having a paid up capital of more than 50 cr ; already having MD and CS as KMP. Does it reuired to appoint CFO also as per sec 203 of the act

Can appointment of KMP be done through Resolution by Circulation. Read More
Can appointment of KMP be done through Resolution by Circulation.

Are Directors and Company Secretary required to be reappointed as KMP through board resolution ? Read More
Are Directors and Company Secretary required to be reappointed as KMP through board resolution ?

Whether it is necessary to file form DIR-12 for the appointment of CEO Read More
Whether it is necessary to file form DIR-12 for the appointment of CEO

Can CMD be appointed as CFO Read More
Can CMD be appointed as CFO

In a Pvt limited both the Directors and members are Non-Resident...in this case the place of the AGM where???? Read More
In a Pvt limited both the Directors and members are Non-Resident...in this case the place of the AGM where????

Kindly provide me the Consent letter format for conducting EGM at shorter notice Read More
Kindly provide me the Consent letter format for conducting EGM at shorter notice

Can we hold shareholders meeting via video conferencing; quorum is physically valid. Dear Sir need valid basis for that if we can Read More
Can we hold shareholders meeting via video conferencing; quorum is physically valid. Dear Sir need valid basis for that if we can hold meeting

if Notice of EGM has been issued, can we call off EGM? Read More
if Notice of EGM has been issued, can we call off EGM?

Can an Authorised Representative appointed to attain the General Meeting, appoint proxy on his behalf? Read More
Can an Authorised Representative appointed to attain the General Meeting, appoint proxy on his behalf?

Kindly provide me with a format of special resolution required for filing MGT 14 after AGM. Read More
Kindly provide me with a format of special resolution required for filing MGT 14 after AGM.

whether demand of poll is applicable in case of the Company has conducted e-voting at the AGM. Read More
whether demand of poll is applicable in case of the Company has conducted e-voting at the AGM.

A company didn't received money from his promoter (shares were subscribed in MoA).How to proceed further ? how can we allocate the Read More
A company didn't received money from his promoter (shares were subscribed in MoA).How to proceed further ? how can we allocate these shares to someone else?

if Notice of EGM has been issued, can we call off EGM? Read More
if Notice of EGM has been issued, can we call off EGM?

Please clarify the activities eligible under the final Schedule VII of the CSR for which Income tax adjustment would be applicable Read More
Please clarify the activities eligible under the final Schedule VII of the CSR for which Income tax adjustment would be applicable.Thank you

Whether CSR can be given to a trust with eligible objects by way of corpus fund? Read More
Whether CSR can be given to a trust with eligible objects by way of corpus fund?

Activities Covered under CSR inadvertently shown under the head Donation. Whether can be claimed as a CSR Expenditure ? Read More
Activities Covered under CSR inadvertently shown under the head Donation. Whether can be claimed as a CSR Expenditure ?

As per Rule 4(2) of the Companies (Corporate Social Responsibility Policy) Rules, can we use LLP to under take CSR activity of the Read More
As per Rule 4(2) of the Companies (Corporate Social Responsibility Policy) Rules, can we use LLP to under take CSR activity of the comany?

Can profit on sale of land be considered for profit for the purpose of contribution to CSR? Read More
Can profit on sale of land be considered for profit for the purpose of contribution to CSR?

Private company allot the further equity shares to directors. is it attract private placement/preferential provisionu/s 42 or u/c Read More
Private company allot the further equity shares to directors. is it attract private placement/preferential provisionu/s 42 or u/c 62

whether a private company can give offer to a partnership firm for subscribing the shares, if yes, what are the requirements. plea Read More
whether a private company can give offer to a partnership firm for subscribing the shares, if yes, what are the requirements. please advise.

If a partnership firm intends to invest in equity shares then what is the procedure. Read More
If a partnership firm intends to invest in equity shares then what is the procedure.

Please advise when to open and when to close the offer after shareholders meeting in case of private placement. Read More
Please advise when to open and when to close the offer after shareholders meeting in case of private placement.

can compulsory convertible preference shares be given dividend at par with equity shareholders? Read More
can compulsory convertible preference shares be given dividend at par with equity shareholders?

Whether the sweat equity shares can be issued to the non-executive directors? if so what are the tax implications..kindly clarify Read More
Whether the sweat equity shares can be issued to the non-executive directors? if so what are the tax implications..kindly clarify ...

Under New Act, within how many days the Company is required to issue share certificates for allotment done. Read More
Under New Act, within how many days the Company is required to issue share certificates for allotment done.

is it Compulsory for for a Private Limited Company who issues shares to one of the two directors at face value, to appoint valuer? Read More
is it Compulsory for for a Private Limited Company who issues shares to one of the two directors at face value, to appoint valuer? Plz advice

PAS-6 is not release for private placement offer . please explain Read More
PAS-6 is not release for private placement offer . please explain

Can Pvt. Ltd. company convert unsecured loan of promoter into Equity capital.? what,s the precautions to be taken care of. Kindly Read More
Can Pvt. Ltd. company convert unsecured loan of promoter into Equity capital.? what,s the precautions to be taken care of. Kindly guide

Is it necessary to obtain a valuation report even in case the security is being offered at par value - say issue of redeemable pre Read More
Is it necessary to obtain a valuation report even in case the security is being offered at par value - say issue of redeemable preference capital at par?

Under private placement route, can shares be issued at a price different- high or low, than valuation report Read More
Under private placement route, can shares be issued at a price different- high or low, than valuation report

Hi Everyone, Can anybody provide with the format of Share certificate for preference Shares. In SH-1 its specifically mentioned Eq Read More
Hi Everyone, Can anybody provide with the format of Share certificate for preference Shares. In SH-1 its specifically mentioned Equity Share.

PREFERENCE SHARE allotment other than existing share holder can be treated as Private placement Read More
PREFERENCE SHARE allotment other than existing share holder can be treated as Private placement

WHAT IS THE PROCEDURE TO ALLOT SHARES TO A DIRECTOR AGAINST LOAN . IS THERE ANY CHANGE WHETHER HE IS A SHAREHOLDER OR NOT Read More
WHAT IS THE PROCEDURE TO ALLOT SHARES TO A DIRECTOR AGAINST LOAN . IS THERE ANY CHANGE WHETHER HE IS A SHAREHOLDER OR NOT

SIR, What will be procedure for filing the return of allotment if it is in march 2014 such as Pas-5 , Valuation Report etc Read More
SIR, What will be procedure for filing the return of allotment if it is in march 2014 such as Pas-5 , Valuation Report etc

process of transfer of share of pvt ltd Read More
process of transfer of share of pvt ltd

Is anyone have sample of Debenture Trust Deed as per SH-12? Read More
Is anyone have sample of Debenture Trust Deed as per SH-12?

Is there any format of application form available for subscription of non convertible redeemable cumulative preference shares unde Read More
Is there any format of application form available for subscription of non convertible redeemable cumulative preference shares under private placement ?

Dear Members, I am looking for a checklist for allotment of debentures in a private limited Company. Request you to provide the sa Read More
Dear Members, I am looking for a checklist for allotment of debentures in a private limited Company. Request you to provide the same.

Whether the allotment of Unsecured Debenture to Foreign Body Corporate is exempted from the definition of Deposit Read More
Whether the allotment of Unsecured Debenture to Foreign Body Corporate is exempted from the definition of Deposit

PAS-6 is not release for private placement offer . please explain Read More
PAS-6 is not release for private placement offer . please explain

Please advise when to open and when to close the offer after shareholders meeting in case of private placement. Read More
Please advise when to open and when to close the offer after shareholders meeting in case of private placement.

Please advise when to open and when to close the offer after shareholders meeting in case of private placement. Read More
Please advise when to open and when to close the offer after shareholders meeting in case of private placement.

Please advise when to open and when to close the offer after shareholders meeting in case of private placement. Read More
Please advise when to open and when to close the offer after shareholders meeting in case of private placement.

Would an issue of unsecured non convertible debentures on private placement basis by a listed company be considered as issue of de Read More
Would an issue of unsecured non convertible debentures on private placement basis by a listed company be considered as issue of deposit??