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Query Posted : 865
Query Replied : 865
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  • Can Partnership firm become shareholder of Pvt Ltd
    by Prashant ghavate on Saturday, April 13, 2019  at 04:48 PM

    1)Can Partnership firm directly become shareholder of a pvt ltd or it can become joint shareholder through its partner, 2)If it becomes joint shareholder who will be the beneficiary of pvt ltd shares,firm or partners 3)In case of dissolution whether there will be any need to transfer shares from partnership to individual partners again as per above example.

  • ESOP
    by Kamal on Friday, March 29, 2019  at 12:34 AM

    Co in FY 2017-18 had passed in its Board & EGM its ESOP Plan and diluted shares to its esop trust and thereafter had granted options to its employees. Now for the year 2018-19, the Co had called Board & EGM to dilute shares in esop trust only. Considering all the terms of ESOP Plan remains same as approved by the Board & AGM in the year 2017-18, can the company grant options to the employees without holding any AGM or mandatory to issue options to employees only after calling AGM

  • First Auditors
    by Kamal on Friday, March 22, 2019  at 11:16 AM

    When first auditors (proprietor) are appointed by the Board: 1. can they be appointed for 5 years u/s 139(1) 2. if they are appointed for only 1 year till next AGM, can they be reappointed for another 5 years as well if the company is subjected to rotation

  • SEBI(ICDR)Regulation,2018_Promoter group definition
    by manish jain on Wednesday, March 20, 2019  at 04:12 PM

    As per Regulation 2(pp) promoter group includes an immediate relative of the promoter (i.e. any spouse of that person, or any parent, brother, sister or child of the person or of the spouse). Is the parent, brother and sister of the spouse is also included in promoter group as per definition ? Your opinion is highly solicited.

  • Redemption of preference shares at discount
    by Parth on Thursday, March 14, 2019  at 04:06 PM

    Hi Sir, Referring to my earlier query regarding redemption of preference shares at discount, why would the company need to take the matters with NCLT if the preference shareholders have already agreed upon to redeem of preference shares at discount? Is there any requirement under law which you may help in getting into our attention ?

  • Redemption of shares at discount
    by Parth on Thursday, March 14, 2019  at 11:10 AM

    Hi Sir, Can the Preference shares issued at par or at premium by a company be redeemed at a discount by the company ? Further, in case of answer to above question is not affirmative, will the answer remain same even if shareholders also have agreed and have no problem with redemption of preference shares at discount?

  • AGM
    by Kamal Garg on Wednesday, March 13, 2019  at 10:28 PM

    With reference to the Annual General Meeting of the company, kindly clarify the followings: 1. Can an AGM be held after 3 months extension given by ROC. 2. Could an adoption of accounts and Deceleration of Dividend be made at the EGM. 3. Can an AGM be concluded with one item approval and deferment of Two ordinary business.

  • Chairman
    by Kamal Garg on Friday, February 22, 2019  at 05:10 PM

    Dear Sir The holding company has nominated its Chairman as non-executive chairman in its subsidiary company. What are the powers, rights and duties of such non-executive chairman. Kindly guide

  • 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

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