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Query Posted : 856
Query Replied : 856
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  • Debentures
    by MEMBER Ch on Tuesday, February 12, 2019  at 01:10 PM

    Dear Sir i have three querries regarding debentures 1.can a pvt Company convert Advances into Debentures, in this case private placement rules is applicable. 2. as per companies 2013 act is it possible to issue optionally convertible debentures by a pvt Company? 3. as per companies 2013 act is it possible to issue unsecured debentures (optionally convertible). one of CS is telling that convertible includes optionally convertible so deposit rules not applicable is this correct? please

  • Quarterly Financial Statements
    by Kamal Garg on Friday, February 08, 2019  at 04:08 PM

    The quarterly results of subsidiary for the quarter ending on 30.9 were not available and hence the same were not consolidated for furnishing interim results by the listed holding company For the interim results for the period ended on 31.12, the results are available for the quarter ending on 30.9 and 31.12. How should the holding company treat the data of 30.9 now made available to it by the subsidiary

  • What is the status of Ind. director for second term
    by HARISH AGRAWAL on Monday, February 04, 2019  at 03:00 PM

    Company X's Board has recommended for re-appointment of Independent Director for second term . Shareholders meeting is after the expiry of first term. What would be the status of Independent Director before Shareholders Approval. Is Board required to appoint them Additional Director for the interim period ( i.e. between the expiry of term and date of shareholders meeting appointing for second term by passing special resolution).

  • CSR Committee formation
    by Karan Bhatt on Thursday, January 31, 2019  at 05:13 PM

    We are Private Limited Company with total 3 Directors on Board. In Co. Amendment Act 2017,proviso added to section 135(1) : if co. not required to appoint Ind. Director then 2 or more director can form CSR committee So we as private limited company not required to appoint independent Director and hence can our CSR committee consist of 2 Directors only ? And Rule 5(ii) still says that private co. having only 2 directors can form committee with 2 directors only. contradictory/repetition

  • Change in designation of WTD to MD
    by Karan Bhatt on Tuesday, January 29, 2019  at 04:49 PM

    Dear Sir, Whole time Director need to be appointed as Managing Director so basically it is change in designation from WTD to MD. In Board Meeting, it is to be taken as "Appointment of MD" only or as "Change in Designation" ? further, approval of shareholders in subsequent general meeting will be required in this case ?

  • Penal consequences for the company
    by PKRJ AND ASSOCIATES on Thursday, January 24, 2019  at 05:03 PM

    A Pvt Ltd Company was formed with an Authorised Capital of Rs.25 Lakhs And at the time of formation of Company, the subscribed capital was also kept at Rs 25 Lakhs The Company was formed in Oct 17 with 2 Directors and 2 shareholders. Now till Dec 18, no bank account has been opened to receive the subscription money. And till March 18, the subscribes have not paid the amount of the Share Capital in Cash nor in Bank. So is there any penal consequences for the company or the subscribers.

  • SUBSCRIPTION MONEY CALLED BUT NOT RECEIVED
    by PKRJ AND ASSOCIATES on Thursday, January 24, 2019  at 05:03 PM

    A Pvt Ltd Company was formed with an Authorised Capital of Rs.25 Lakhs And at the time of formation of Company, the subscribed capital was also kept at Rs 25 Lakhs The Company was formed in Oct 17 with 2 Directors and 2 shareholders. Now till Dec 18, no bank account has been opened to receive the subscription money. And till March 18, the subscribes have not paid the amount of the Share Capital in Cash nor in Bank. So is there any penal consequences for the company or the subscribers.

  • Declaration of Beneficial Interest - Section 89 Vs Section 90
    by Vishwas Keremutt on Saturday, January 19, 2019  at 01:12 PM

    Background: A Company in US holds 9998 shares of an Indian Company, while the remaining 2 shares are held by two Individuals in their own capacity (and not as a nominee of the US Company). Question 1: Who is treated as holding beneficial interest in the shares of Indian Company, is it the US Company or ultimate investor holding shares is the US Co.? Question 2: What is the fundamental difference between Section 89 and Section 90? Is it only 10% in case of section 90 (r/w rules there under)

  • EGM
    by Srinath Rao on Thursday, January 17, 2019  at 05:42 PM

    Sir, Can Private Limited company hold EGM outside India when shareholding is held by body corporate and individual outside India who are represented by India Resident. Also can EGM be held outside India if shareholding is held by Indian Resident

  • Conversion of Loan into Equity
    by Kamal on Tuesday, January 15, 2019  at 02:40 PM

    Sir A company has taken loan without any option in the agreement to convert it into equity at the time of settlement. But now it is proposed to be settled by converting loan into equity. What is the procedure to be followed in such case

  • Committed Buy Back
    by Kamal on Thursday, January 03, 2019  at 09:52 PM

    A company wishes to have PE Investor as its 80% equity share capital participant. Can such PE Investor be provided an exit route by having a covenant that the company will buy back equity from the PE Investor after 5 year at "x" price

  • CAG Comments
    by Kamal on Tuesday, January 01, 2019  at 03:10 PM

    In continuation of my previous query..... But Proviso to Section 143(6)(b) states that Provided that any comments given by the Comptroller and Auditor-General of India upon, or supplement to, the audit report shall be sent by the company to every person entitled to copies of audited financial statements under sub-section (1) of section 136 and also be placed before the annual general meeting of the company at the same time and in the same manner as the audit report.

  • CAG Report
    by Kamal on Monday, December 31, 2018  at 12:43 PM

    Sir The CAG comments are not received on the audit report of PSU. AGM is due. Can the financial statements be placed and adopted at such AGM in the absence of CAG comments. If yes what procedure shall be carried out when CAG comments would be received at a later stage

  • Issue of shares on premium
    by Abhishek on Thursday, December 27, 2018  at 08:35 AM

    Pvt Ltd Company "CC Pvt Ltd" in which Mr N (proprietor) already holds 40% of paid up share capital wants to takeover the proprietorship (Net asset value 60 lac) by issuing right equity shares at premium having FV 10. Is it possible to issue right equity shares at premium to proprietor of concern which is being takenover or only shares at par to be issued to the proprietor ?

  • Limits of Managerial remuneration
    by vivekanand nekkanti on Wednesday, December 26, 2018  at 05:45 PM

    In FY 2017-18, our company which is unlisted public ltd paid Managerial remuneration in excess of 11%. Now what should be done, whether we have to pass special resolution by calling EGM, is it enough?. AGM is already completed. Please guide us

  • Share Face Value
    by Kamal on Wednesday, December 19, 2018  at 08:08 PM

    Can the face value for a listed company be in paise say Rs. 0.50 per share How about the unlisted company

  • XBRL Filing
    by tushar chudgar on Tuesday, December 18, 2018  at 12:14 PM

    is a comppany which now has less than 5 crores paid up capital, still required to file XBRL Accounts or it can now do away with such filings as there is now no applicability of XBRL Provisions to it?

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