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We need to file Balance Sheet for the financial year 2013-14 with MCA and Form 23 AC/ACA are not avalable now, please suggest the Read More
We need to file Balance Sheet for the financial year 2013-14 with MCA and Form 23 AC/ACA are not avalable now, please suggest the relevant form

Implementation of new law

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Views (5851)
Posted By: Ravinder 10 year(s) ago

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?

Incorporation

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Views (5329)
Posted By: V. maslekar 12 year(s) ago

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.

Director

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Views (7867)
Posted By: Ravi arora 12 year(s) ago

Answer

A Private Limited company accepted unsecured loan from its existing two Directors. This is exempt deposit under section 73 of the Read More
A Private Limited company accepted unsecured loan from its existing two Directors. This is exempt deposit under section 73 of the Companies Act, 2013. Subsequently above two Directors resigned from the Directorship of the Company. Is the loan becomes deposits after their resignation? Is the loan becomes repayable after resignation not to attract deposit Rules ?

Section 73- Prohibition on acceptance of deposits from public.

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Views (36645)
Posted By: Som nath 12 year(s) ago

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.

Compliances

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Views (7516)
Posted By: Vijay oganiya 11 year(s) ago

Answer

As per Notification no GSR 206(E) dt 18.03.2015, item no 5 of Rule 8 of Companies (Meetings and Powers of Board) Rules relating to Read More
As per Notification no GSR 206(E) dt 18.03.2015, item no 5 of Rule 8 of Companies (Meetings and Powers of Board) Rules relating to power of Board to consider the disclosure of interest by directors has been omitted. So there is no necessity to file the BM resolution with respect to the same with ROC under Sec 117(3)(g) of CA 2013. Please confirm the same.

Section 179- Powers of Board.

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Views (4366)
Posted By: Latha 11 year(s) ago

Answer

Who will appoint an auditor in a company in which a Government Company holds 56% Stake? Read More
Who will appoint an auditor in a company in which a Government Company holds 56% Stake?

Auditors

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Views (3294)
Posted By: Ashok 12 year(s) ago

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) ?

KMP

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Views (3284)
Posted By: Manouj agrawaal, fca, partner 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

Small Company

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Views (2857)
Posted By: Purushottam lal agrawal 11 year(s) ago

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

Small Company

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Views (2488)
Posted By: Ruchi mitra 12 year(s) ago

Answer

Can a Private company give a loan to another Private company in which one of the shareholder is relative of Director of lending c Read More
Can a Private company give a loan to another Private company in which one of the shareholder is relative of Director of lending company?

Fund raising

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Views (2387)
Posted By: Nidhi goel 12 year(s) ago

Answer

Can subsidiary company give loan, provide security or guarantee in favour of its holding company? Read More
Can subsidiary company give loan, provide security or guarantee in favour of its holding company?

Section 185- Loan to directors, etc.

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Views (31009)
Posted By: Vishal arora 11 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

Director

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Views (22021)
Posted By: Nidhi goel 11 year(s) ago

Answer

Can CSR expenditure be approved by Circular Resolution of CSR Committee Read More
Can CSR expenditure be approved by Circular Resolution of CSR Committee

Section 135- Corporate Social Responsibility.

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Views (9433)
Posted By: Sachin 7 year(s) ago

Answer

whether HUF is covered under the definition of relative of director/member Read More
whether HUF is covered under the definition of relative of director/member

Definitions

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Views (7721)
Posted By: Jasvir walia 10 year(s) ago

Answer

Whether the provisions related to Managerial rumeneration be applicable to private company? Read More
Whether the provisions related to Managerial rumeneration be applicable to private company?

Section 197- Overall maximum managerial remuneration and managerial remuneration in case of absence or inadequacy of profits.

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Views (5508)
Posted By: Vishwas panjiar 12 year(s) ago

Answer

Section 145 says auditor should sign audit report, Section 134 says directors etc should sign financial statements, why auditors s Read More
Section 145 says auditor should sign audit report, Section 134 says directors etc should sign financial statements, why auditors sign financial statements is it given under any section or it is a custom

Auditors

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Views (4179)
Posted By: Ravi 12 year(s) ago

Answer

Provisio to Section 188 (1) provides that no member of the Company shall vote on such special resolution , if such member is a rel Read More
Provisio to Section 188 (1) provides that no member of the Company shall vote on such special resolution , if such member is a related party. Where all members are interested in a resolution then how such contract or arrangement will be approved?

Section 188- Related party transactions.

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Views (4038)
Posted By: Vikas gupta 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.

Incorporation

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Views (3772)
Posted By: Dhavneesh gupta 12 year(s) ago

Answer

companies act 2013 provides for max no. of directors to 15. Act overrides articles. Then do we have to amend articles to increase Read More
companies act 2013 provides for max no. of directors to 15. Act overrides articles. Then do we have to amend articles to increase no of directors to 15.

Section 6- Act to override memorandum, articles, etc.

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Views (3619)
Posted By: Anil 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?

Compliances

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Views (3567)
Posted By: Vithal kumar pingali 12 year(s) ago

Answer

when a proprietorship company is converted into private ltd company , how assets and liabilities are transferred to a private comp Read More
when a proprietorship company is converted into private ltd company , how assets and liabilities are transferred to a private company

Section 3- Formation of company.

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Views (3492)
Posted By: Jagdish singh rathore 11 year(s) ago

Answer

IF Bank Guranatee is issued after the lien on Fixed Deposit, IS CHG-1 to be filed Read More
IF Bank Guranatee is issued after the lien on Fixed Deposit, IS CHG-1 to be filed

Section 77- Duty to register charges, etc.

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Views (3429)
Posted By: Sanjeev 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?

Compliances

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Views (3165)
Posted By: Monika bhardwaj 12 year(s) ago

Answer

In a Pvt Ltd Co. having paid up less then 05 Crores, they have appointed CS in 2013 in the board meeting under the old Act, BR pas Read More
In a Pvt Ltd Co. having paid up less then 05 Crores, they have appointed CS in 2013 in the board meeting under the old Act, BR passed in 2013 doesn't have remuneration details in it. Now they want to revise the remuneration of CS w.e.f 01st April, 2015 do they need board Approval for revising the remuneration of CS?

Section 203- Appointment of key managerial personnel.

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Views (3086)
Posted By: Sunny bajaj 11 year(s) ago

Answer

Hi, Please advise whether pvt. company can take loan from the other private company where there is one common director? if yes, pl Read More
Hi, Please advise whether pvt. company can take loan from the other private company where there is one common director? if yes, pls. advise procedure?

Fund raising

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Views (2791)
Posted By: Nidhi goel 11 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.

KMP

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Views (2544)
Posted By: Nava bharat ventures limited 11 year(s) ago

Answer

Hi, it is mentioned that gap between 2 board meetings cannot be more than 120 days and this section is notified wef 1.04.2014. Our Read More
Hi, it is mentioned that gap between 2 board meetings cannot be more than 120 days and this section is notified wef 1.04.2014. Our last board meeting was held on 24th february 2014. My question is when can i hold my next BM, is it within 120 days from 24.02.2014 or till 31.07.2014 which is 120 days from the date of notification of this section?

Section 173- Meetings of Board.

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Views (2527)
Posted By: Gagandeep singh 12 year(s) ago

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??

Remuneration to KMP

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Views (2213)
Posted By: Nilesh jain 11 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.

Compliances

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Views (27759)
Posted By: Sunil kumar agrawal 11 year(s) ago

Answer

Can a CFO be appointed as CS also in the same Company? Read More
Can a CFO be appointed as CS also in the same Company?

Section 203- Appointment of key managerial personnel.

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Views (15639)
Posted By: Kamdhenu ispat limited 11 year(s) ago

Answer

If one of the directors of a company stays overseas and normally attends meetings through video conferencing (requirements related Read More
If one of the directors of a company stays overseas and normally attends meetings through video conferencing (requirements related to video conferencing are not complied with), how would we comply with section 184 for him? as per my understanding the disclosure u/s 184 shall be submitted in the first board meeting that the director attends in person. So how do we deal with this.

Board Meeting

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Views (5793)
Posted By: Deepti vohra 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.

Shareholders Meeting

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Views (5408)
Posted By: Zaeem 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?

Independent Director

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Views (4902)
Posted By: Shiv kumaran 11 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?

Incorporation

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Views (4748)
Posted By: Neha seth 12 year(s) ago

Answer

As per Section 74, in case the due date for repayment of the depsoit falls after 31.03.2015,whether the non-eligilible companies n Read More
As per Section 74, in case the due date for repayment of the depsoit falls after 31.03.2015,whether the non-eligilible companies needs to repay it on 31.03.2015 or on the due date? kindly clarify with the section and rule reference.

Section 74- Repayment of deposits, etc., accepted before commencement of this Act.

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Views (4583)
Posted By: Srinivasaraghavan 12 year(s) ago

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.

Private placement

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Views (4560)
Posted By: Arun kumar 12 year(s) ago

Answer

Whether the director is required to disclose his interest in a Firm in HUF capacity when he is the Karta of the HUF? Read More
Whether the director is required to disclose his interest in a Firm in HUF capacity when he is the Karta of the HUF?

Section 117- Resolutions and agreements to be filed.

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Views (4556)
Posted By: Piyush 12 year(s) ago

Answer

Hi in one Private limited company there are only two Directors and they are only shareholders. The Company proposes to enter relat Read More
Hi in one Private limited company there are only two Directors and they are only shareholders. The Company proposes to enter related party transactions with a Firm in which such both Directors and shareholders are partners in that Firm. Please let me know company can pass special resolution in this case ? b/c third prov of section 188 say that no member of the company shall vote on such special resolution to approve contract or arrangment which may be entered into by the company, if such member is a related party ?

Section 188- Related party transactions.

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Views (4251)
Posted By: Vasant patel 12 year(s) ago

Answer

Is LLP included in the definition of Firm under clause b of Explanation to sub-section 1 of section 185. i.e., can a private limit Read More
Is LLP included in the definition of Firm under clause b of Explanation to sub-section 1 of section 185. i.e., can a private limited company (not exempted by the recent notification) grant loan to a LLP in which a director of the Company is a designated partner.

Section 185- Loan to directors, etc.

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Views (4246)
Posted By: Aakanksha 11 year(s) ago

Answer

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

Incorporation

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Views (4104)
Posted By: Purushottam lal agrawal 13 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

Compliances

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Views (3969)
Posted By: Venkatesh babu t r 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????

Shareholders Meeting

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Views (3864)
Posted By: Palani kumar b 11 year(s) ago

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.

AGM

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Views (3844)
Posted By: Manouj agrawaal, fca, partner 11 year(s) ago

Answer

IF A COMPANY APPOINTS ABC & CO(PROPRIETORSHIP FIRM) AS AUDITOR AND SUBSEQUENTLY IT MERGES WITH ANOTHER AUDITOR FIRM XYZ & CO .IN T Read More
IF A COMPANY APPOINTS ABC & CO(PROPRIETORSHIP FIRM) AS AUDITOR AND SUBSEQUENTLY IT MERGES WITH ANOTHER AUDITOR FIRM XYZ & CO .IN THAT CASE CAN XYZ & CO BE THE AUDITOR OF THE COMPANY IF COMPANY ACCEPTS IT .IF YES THEN WHAT WILL BE THE PROCEDURE FOR THAT

Auditors

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Views (3763)
Posted By: Reena 12 year(s) ago

Answer

Can allotment of Shares or Debentures be done through circular resolution. Read More
Can allotment of Shares or Debentures be done through circular resolution.

Board Meeting

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Views (3721)
Posted By: Arun kumar 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

Independent Director

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Views (3524)
Posted By: Pradeep chugh 12 year(s) ago

Answer

A Company was incorporated on 9th January, 2015. By default, the Company has closed its financial accounts on 31st March, 2015. Wh Read More
A Company was incorporated on 9th January, 2015. By default, the Company has closed its financial accounts on 31st March, 2015. What is the remedy available?

Accounts

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Views (3467)
Posted By: Santosh pradhan 10 year(s) ago

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?

Shareholders Meeting

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Views (3432)
Posted By: Genicon 12 year(s) ago

Answer

As per Section 20 of Co.Act,2013, Fee for serving the documents on members by any particular mode may be determined by the Company Read More
As per Section 20 of Co.Act,2013, Fee for serving the documents on members by any particular mode may be determined by the Company in its Annual General Meeting. My question is:- is there any limit or restriction for determination of amount to be paid by member ?

Section 20- Service of documents.

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Views (3353)
Posted By: Ravi 10 year(s) ago

Answer

In case of a pvt company incorporated in year 2014, the first year of operation is 2014-15 and there is no question of preceding y Read More
In case of a pvt company incorporated in year 2014, the first year of operation is 2014-15 and there is no question of preceding year. In such case how to ascertain if the limits under Sec 188 read with relevant rules have exceeded?. The % are to be applied on the turnover, networth etc of preceding year which is not there in case of a newly incorporated company.

Section 188- Related party transactions.

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Views (3298)
Posted By: Latha 10 year(s) ago

Answer

Dear Team Companiesact.in, Greetings from CA Rahul Srivastava. I really appreciate the initiative for spreading awareness about ne Read More
Dear Team Companiesact.in, Greetings from CA Rahul Srivastava. I really appreciate the initiative for spreading awareness about new companies act. My question is that My Father is a Chief Finance Office of Company ABC Ltd, ABC had recently acquired 100% stake in another company called XYZ Ltd. My question is whether i am eligible to be appointed as an Auditor of XYZ, consdering the fact that my father will be a Key Management Person as the new Definition in Companies Act 2013. Thanks and best wishes

Auditors

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Views (3242)
Posted By: Rahul srivastava 12 year(s) ago

Answer

Dear Sir, what will be position of old forms e-form 1A- eform 61after implementation of ad effective of all rules and act? Read More
Dear Sir, what will be position of old forms e-form 1A- eform 61after implementation of ad effective of all rules and act?

Section 3- Formation of company.

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Views (3217)
Posted By: Himanshu 13 year(s) ago

Answer

Can a Private limited company gives loans to a partnership firm in which one of the directors of its holding company are partner. Read More
Can a Private limited company gives loans to a partnership firm in which one of the directors of its holding company are partner.

Section 185- Loan to directors, etc.

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Views (3191)
Posted By: Kamlesh 11 year(s) ago

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.

Independent Director

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Views (3172)
Posted By: Amish 12 year(s) ago

Answer

Can a company replace its entire set of articles of association with a new set of Articles of association? Read More
Can a company replace its entire set of articles of association with a new set of Articles of association?

Section 14- Alteration of articles.

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Views (3006)
Posted By: Manoj kumar koyalkar 11 year(s) ago

Answer

As per Sec 173 of CA 2013, small companies should hold 1 meeting in each half of calender year which is the minimum criteria. Com Read More
As per Sec 173 of CA 2013, small companies should hold 1 meeting in each half of calender year which is the minimum criteria. Companies have held one or more meetings in the quarter Jan to March 2014 under CA 1956. Can such meetings be considered as meetings for 1st half of calendar yr 2014 under CA 2013 and can such companies hold their 1st BM for FY 1415 in the last week of Aug 2014?

Section 173- Meetings of Board.

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Views (2965)
Posted By: Latha 12 year(s) ago

Answer

share application money standing in bs as on 31.03.2014 in a private company will be allotted in private placement is letter of of Read More
share application money standing in bs as on 31.03.2014 in a private company will be allotted in private placement is letter of offer also to be given

Section 42 - Issue of shares on private placement basis.

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Views (2943)
Posted By: Namita 12 year(s) ago

Answer

STATUTORY AUDITOR WAS APPOINTED IN CASUAL VACANCY FOR FY 2015-16. WHAT WILL BE HIS TERM IF APPOINTED AT ENSUING AGM. Read More
STATUTORY AUDITOR WAS APPOINTED IN CASUAL VACANCY FOR FY 2015-16. WHAT WILL BE HIS TERM IF APPOINTED AT ENSUING AGM.

Auditors

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Views (2905)
Posted By: Ravinder 10 year(s) ago

Answer

Can any one pls provide a draft format for appointment of a Whole Time Director and payment of remuneration under Schedule V of Co Read More
Can any one pls provide a draft format for appointment of a Whole Time Director and payment of remuneration under Schedule V of Companies Act,2013. Further a company to which the provisions of Sec 203 are not applicable is appointing a WTD , does it is mandatory for the company to designate that person as KMP also and cover that section in resolution for appointment of WTD? .

Section 197- Overall maximum managerial remuneration and managerial remuneration in case of absence or inadequacy of profits.

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Views (2847)
Posted By: Kanika gupta 12 year(s) ago

Answer

Respected Sir/Mam, if any share application money is pending while commencement of New Act, then can that amount be appropriated a Read More
Respected Sir/Mam, if any share application money is pending while commencement of New Act, then can that amount be appropriated against supply of goods and provisions of services within 365 days? If yes please mention the relevant provision.

Fund raising

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Views (2802)
Posted By: Varun 11 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.

Director

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Views (2727)
Posted By: Dhavneesh gupta 12 year(s) ago

Answer

Company is continuously receiving prosecution notices from directors and shareholders from whom it has received share application Read More
Company is continuously receiving prosecution notices from directors and shareholders from whom it has received share application money against allotment of shares and the figure of such money is appearing on the Balance for the year 2013, Is it a case of violation under section 74(1) and (3)?

Section 73- Prohibition on acceptance of deposits from public.

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Views (2704)
Posted By: Akansha 12 year(s) ago

Answer

Is there any Stamp Duty Payable on Sub- Division of Shares? e form SH7 filed is held up for Non Payment of Stamp Duty/ Please clar Read More
Is there any Stamp Duty Payable on Sub- Division of Shares? e form SH7 filed is held up for Non Payment of Stamp Duty/ Please clarify.

Fund raising

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Views (2684)
Posted By: V. maslekar 10 year(s) ago

Answer

present AOA prescribe number of directors as 12. The new act has prescribed number of directors as 15. Considering the provision t Read More
present AOA prescribe number of directors as 12. The new act has prescribed number of directors as 15. Considering the provision that Act overrides Articles, then do we have to amend AOA to raise number of directors to 15?

Section 6- Act to override memorandum, articles, etc.

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Views (2653)
Posted By: Anil 12 year(s) ago

Answer

• Is there any return/document (except annual return) which company has to file with Registrar under Companies Act,2013 after its Read More
• Is there any return/document (except annual return) which company has to file with Registrar under Companies Act,2013 after its AGM?

Section 96- Annual general meeting.

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Views (2499)
Posted By: Akansha 12 year(s) ago

Answer

Sir, A Private Company had passed a Board Resolution in 2011 (at the time of incorporation) to borrow upto Rs. 10.00 lakhs, when Read More
Sir, A Private Company had passed a Board Resolution in 2011 (at the time of incorporation) to borrow upto Rs. 10.00 lakhs, when its paid up capital was Rs. 4.5 lakhs. The Board then increased its borrowing powers in August 2013 (while approving financial statements) to Rs. 2.00 crores as it thought of acquiring land for slightly re-aligning its objects (original objects were mining activity, for which applications were filed but approvals had not come, & so the Company decided to get into sand mining activity, by inserting those activities in the Main Object). Though the resolution was passed in Aug 2013 BM, the actual lending from the directors happened only in late September 2013, when the Sec. 185 has already got notified. Whether in this case, we can rely upon the old resolution of Aug 2013 passed by the Board would hold good OR we need to comply with new provisions?

Section 180- Restrictions on powers of Board.

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Views (2464)
Posted By: Padmavathi k 13 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?

Director

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Views (2462)
Posted By: Tci chemicals india pvt ltd 12 year(s) ago

Answer

Form DPT 4 is an attachment giving details of deposits as on 31.3.2014. Pl specify to which e form it should be attached to for f Read More
Form DPT 4 is an attachment giving details of deposits as on 31.3.2014. Pl specify to which e form it should be attached to for filing with ROC ?

Section 74- Repayment of deposits, etc., accepted before commencement of this Act.

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Views (2459)
Posted By: Sandhya 12 year(s) ago

Answer

There are two Companies, Company A and Company B and both Companies have three Directors. There are two common directors. Can Comp Read More
There are two Companies, Company A and Company B and both Companies have three Directors. There are two common directors. Can Company A give any loan to Company B.

Fund raising

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Views (2451)
Posted By: Ravinder 11 year(s) ago

Answer

Dear Experts, What are the ways by which a Private Company can take loan, whether from directors or shareholders or any other pers Read More
Dear Experts, What are the ways by which a Private Company can take loan, whether from directors or shareholders or any other person. Pls elaborate with relevant provisions.

Fund raising

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Views (2436)
Posted By: Pranay patel 12 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.

Compliances

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Views (2341)
Posted By: Kamlsh tripathi 10 year(s) ago

Answer

If a private company offers right shares to its existing shareholder, can all the shareholders renounce their shares to non member Read More
If a private company offers right shares to its existing shareholder, can all the shareholders renounce their shares to non members resulting the allotment in favour of only new member. If it is allowed then who will do private placement in private company which has such a long procedure and a lot of conditions like valuation of shares and minimum offer of shares/allotment of not less than Rs.20000 of face value.

Fund raising

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Views (2328)
Posted By: Anita 11 year(s) ago

Answer

Rule regarding postal ballot specifically provides for passing of resolution under section 180(1)(a) by way of postal ballot only, Read More
Rule regarding postal ballot specifically provides for passing of resolution under section 180(1)(a) by way of postal ballot only, then why many listed companies are passing the same in the annual general meetings, is there any exception available to that??

Section 180- Restrictions on powers of Board.

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Views (2252)
Posted By: Alok srivastava 12 year(s) ago

Answer

Please confirm, can we transfer share in case of private company at face value ? Read More
Please confirm, can we transfer share in case of private company at face value ?

Fund raising

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Views (2248)
Posted By: Nidhi goel 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?

Director

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Views (2231)
Posted By: V. maslekar 10 year(s) ago

Answer

Do the application money necessarily needs to come from the applicants bank account, If the applicant has transferred to one of th Read More
Do the application money necessarily needs to come from the applicants bank account, If the applicant has transferred to one of the directors account and director in turn has transferred to company account, can the shares be allotted to the applicant?

Fund raising

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Views (2222)
Posted By: T.r.chadha & co. 11 year(s) ago

Answer

Is there a provision similar to Section 302 of the Companies Act, 1956 in the Companies Act 2013, wherein the abstract of the term Read More
Is there a provision similar to Section 302 of the Companies Act, 1956 in the Companies Act 2013, wherein the abstract of the terms of remuneration of executive directors is to be given.

Disclosures

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Views (2188)
Posted By: Arun kumar 12 year(s) ago

Answer

wheather rules over ride the act or act over rides the rules..which prevails?/ Read More
wheather rules over ride the act or act over rides the rules..which prevails?/

Fund raising

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Views (2182)
Posted By: Nidhi 12 year(s) ago

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?

Board of Directors

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Views (2181)
Posted By: Pooja garg 10 year(s) ago

Answer

HOW WILL I FIND DIN WITH HELP OF PAN Read More
HOW WILL I FIND DIN WITH HELP OF PAN

Director

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Views (2175)
Posted By: Anshul mittal 12 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.

Q & A

Question Sorting on

We need to file Balance Sheet for the financial year 2013-14 with MCA and Form 23 AC/ACA are not avalable now, please suggest the Read More We need to file Balance Sheet for the financial year 2013-14 with MCA and Form 23 AC/ACA are not avalable now, please suggest the relevant form

Who will appoint an auditor in a company in which a Government Company holds 56% Stake? Read More Who will appoint an auditor in a company in which a Government Company holds 56% Stake?

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

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

Can a Private company give a loan to another Private company in which one of the shareholder is relative of Director of lending c Read More Can a Private company give a loan to another Private company in which one of the shareholder is relative of Director of lending company?

Can subsidiary company give loan, provide security or guarantee in favour of its holding company? Read More Can subsidiary company give loan, provide security or guarantee in favour of its holding company?

Can CSR expenditure be approved by Circular Resolution of CSR Committee Read More Can CSR expenditure be approved by Circular Resolution of CSR Committee

whether HUF is covered under the definition of relative of director/member Read More whether HUF is covered under the definition of relative of director/member

Whether the provisions related to Managerial rumeneration be applicable to private company? Read More Whether the provisions related to Managerial rumeneration be applicable to private company?

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.

companies act 2013 provides for max no. of directors to 15. Act overrides articles. Then do we have to amend articles to increase Read More companies act 2013 provides for max no. of directors to 15. Act overrides articles. Then do we have to amend articles to increase no of directors to 15.

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?

when a proprietorship company is converted into private ltd company , how assets and liabilities are transferred to a private comp Read More when a proprietorship company is converted into private ltd company , how assets and liabilities are transferred to a private company

IF Bank Guranatee is issued after the lien on Fixed Deposit, IS CHG-1 to be filed Read More IF Bank Guranatee is issued after the lien on Fixed Deposit, IS CHG-1 to be filed

Hi, Please advise whether pvt. company can take loan from the other private company where there is one common director? if yes, pl Read More Hi, Please advise whether pvt. company can take loan from the other private company where there is one common director? if yes, pls. advise procedure?

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.

Can a CFO be appointed as CS also in the same Company? Read More Can a CFO be appointed as CS also in the same Company?

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?

Whether the director is required to disclose his interest in a Firm in HUF capacity when he is the Karta of the HUF? Read More Whether the director is required to disclose his interest in a Firm in HUF capacity when he is the Karta of the HUF?

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

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

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????

Can allotment of Shares or Debentures be done through circular resolution. Read More Can allotment of Shares or Debentures be done through circular resolution.

A Company was incorporated on 9th January, 2015. By default, the Company has closed its financial accounts on 31st March, 2015. Wh Read More A Company was incorporated on 9th January, 2015. By default, the Company has closed its financial accounts on 31st March, 2015. What is the remedy available?

Dear Sir, what will be position of old forms e-form 1A- eform 61after implementation of ad effective of all rules and act? Read More Dear Sir, what will be position of old forms e-form 1A- eform 61after implementation of ad effective of all rules and act?

Can a Private limited company gives loans to a partnership firm in which one of the directors of its holding company are partner. Read More Can a Private limited company gives loans to a partnership firm in which one of the directors of its holding company are partner.

Can a company replace its entire set of articles of association with a new set of Articles of association? Read More Can a company replace its entire set of articles of association with a new set of Articles of association?

share application money standing in bs as on 31.03.2014 in a private company will be allotted in private placement is letter of of Read More share application money standing in bs as on 31.03.2014 in a private company will be allotted in private placement is letter of offer also to be given

STATUTORY AUDITOR WAS APPOINTED IN CASUAL VACANCY FOR FY 2015-16. WHAT WILL BE HIS TERM IF APPOINTED AT ENSUING AGM. Read More STATUTORY AUDITOR WAS APPOINTED IN CASUAL VACANCY FOR FY 2015-16. WHAT WILL BE HIS TERM IF APPOINTED AT ENSUING AGM.

Is there any Stamp Duty Payable on Sub- Division of Shares? e form SH7 filed is held up for Non Payment of Stamp Duty/ Please clar Read More Is there any Stamp Duty Payable on Sub- Division of Shares? e form SH7 filed is held up for Non Payment of Stamp Duty/ Please clarify.

• Is there any return/document (except annual return) which company has to file with Registrar under Companies Act,2013 after its Read More • Is there any return/document (except annual return) which company has to file with Registrar under Companies Act,2013 after its AGM?

Form DPT 4 is an attachment giving details of deposits as on 31.3.2014. Pl specify to which e form it should be attached to for f Read More Form DPT 4 is an attachment giving details of deposits as on 31.3.2014. Pl specify to which e form it should be attached to for filing with ROC ?

We need to file Balance Sheet for the financial year 2013-14 with MCA and Form 23 AC/ACA are not avalable now, please suggest the Read More
We need to file Balance Sheet for the financial year 2013-14 with MCA and Form 23 AC/ACA are not avalable now, please suggest the relevant form

Who will appoint an auditor in a company in which a Government Company holds 56% Stake? Read More
Who will appoint an auditor in a company in which a Government Company holds 56% Stake?

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

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

Can a Private company give a loan to another Private company in which one of the shareholder is relative of Director of lending c Read More
Can a Private company give a loan to another Private company in which one of the shareholder is relative of Director of lending company?

Can subsidiary company give loan, provide security or guarantee in favour of its holding company? Read More
Can subsidiary company give loan, provide security or guarantee in favour of its holding company?

Can CSR expenditure be approved by Circular Resolution of CSR Committee Read More
Can CSR expenditure be approved by Circular Resolution of CSR Committee

whether HUF is covered under the definition of relative of director/member Read More
whether HUF is covered under the definition of relative of director/member

Whether the provisions related to Managerial rumeneration be applicable to private company? Read More
Whether the provisions related to Managerial rumeneration be applicable to private company?

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.

companies act 2013 provides for max no. of directors to 15. Act overrides articles. Then do we have to amend articles to increase Read More
companies act 2013 provides for max no. of directors to 15. Act overrides articles. Then do we have to amend articles to increase no of directors to 15.

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?

when a proprietorship company is converted into private ltd company , how assets and liabilities are transferred to a private comp Read More
when a proprietorship company is converted into private ltd company , how assets and liabilities are transferred to a private company

IF Bank Guranatee is issued after the lien on Fixed Deposit, IS CHG-1 to be filed Read More
IF Bank Guranatee is issued after the lien on Fixed Deposit, IS CHG-1 to be filed

Hi, Please advise whether pvt. company can take loan from the other private company where there is one common director? if yes, pl Read More
Hi, Please advise whether pvt. company can take loan from the other private company where there is one common director? if yes, pls. advise procedure?

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.

Can a CFO be appointed as CS also in the same Company? Read More
Can a CFO be appointed as CS also in the same Company?

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?

Whether the director is required to disclose his interest in a Firm in HUF capacity when he is the Karta of the HUF? Read More
Whether the director is required to disclose his interest in a Firm in HUF capacity when he is the Karta of the HUF?

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

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

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????

Can allotment of Shares or Debentures be done through circular resolution. Read More
Can allotment of Shares or Debentures be done through circular resolution.

A Company was incorporated on 9th January, 2015. By default, the Company has closed its financial accounts on 31st March, 2015. Wh Read More
A Company was incorporated on 9th January, 2015. By default, the Company has closed its financial accounts on 31st March, 2015. What is the remedy available?

Dear Sir, what will be position of old forms e-form 1A- eform 61after implementation of ad effective of all rules and act? Read More
Dear Sir, what will be position of old forms e-form 1A- eform 61after implementation of ad effective of all rules and act?

Can a Private limited company gives loans to a partnership firm in which one of the directors of its holding company are partner. Read More
Can a Private limited company gives loans to a partnership firm in which one of the directors of its holding company are partner.

Can a company replace its entire set of articles of association with a new set of Articles of association? Read More
Can a company replace its entire set of articles of association with a new set of Articles of association?

share application money standing in bs as on 31.03.2014 in a private company will be allotted in private placement is letter of of Read More
share application money standing in bs as on 31.03.2014 in a private company will be allotted in private placement is letter of offer also to be given

STATUTORY AUDITOR WAS APPOINTED IN CASUAL VACANCY FOR FY 2015-16. WHAT WILL BE HIS TERM IF APPOINTED AT ENSUING AGM. Read More
STATUTORY AUDITOR WAS APPOINTED IN CASUAL VACANCY FOR FY 2015-16. WHAT WILL BE HIS TERM IF APPOINTED AT ENSUING AGM.

Is there any Stamp Duty Payable on Sub- Division of Shares? e form SH7 filed is held up for Non Payment of Stamp Duty/ Please clar Read More
Is there any Stamp Duty Payable on Sub- Division of Shares? e form SH7 filed is held up for Non Payment of Stamp Duty/ Please clarify.

• Is there any return/document (except annual return) which company has to file with Registrar under Companies Act,2013 after its Read More
• Is there any return/document (except annual return) which company has to file with Registrar under Companies Act,2013 after its AGM?

Form DPT 4 is an attachment giving details of deposits as on 31.3.2014. Pl specify to which e form it should be attached to for f Read More
Form DPT 4 is an attachment giving details of deposits as on 31.3.2014. Pl specify to which e form it should be attached to for filing with ROC ?