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Query Posted : 889
Query Replied : 889
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  • Quorum
    by Srinath Rao on Monday, August 19, 2019  at 07:13 PM

    Dear Sir, In a Private Limited company with 7 executive Directors -out of which 5 directors were residing outside India - can remaining 2 directors based in India form requisite quorum and pass resolution in Board Meeting. Appointment of Company Secretary in the Company was mandatory and urgent so with 2 Indian Directors - quorum was formed and appointment of secretary was done.

  • SEBI(SAST)2011
    by manish jain on Tuesday, August 13, 2019  at 10:40 AM

    This is in regard with format of report provided under Regulation 10(7) of SEBI (SAST) Regulations 2011, in respect of any acquisition made under exemption provided in regulation 10(1)(a)(i) in such format, clause (h) of point no 7 requires disclosures under chapter V, so kindly guide us,of how many years of disclosures , already made, under Chapter V of the Takeover Regulations (corresponding provisions of the repealed Takeover Regulations 1997), required to be attached?

  • Csr expenditur
    by nimish vayawala on Monday, August 12, 2019  at 11:16 AM

    can madnatory provision of company law regarding CSR be challanged as ultra vires it does not come within administratve aspect of company affairs it affects the right to property individuals firms having much larger profit are not required to spent is it discriminatory is CSR compulsory in Europe Us

  • Managerial remuneration
    by icai surat on Friday, August 09, 2019  at 04:28 PM

    Sir, If managerial remuneration is fixed by special resolution for 3 years (due to inadequate profits), can it be again increased before period of 3 years of original special resolution?

  • Loan to Subsidiary
    by Kamal on Tuesday, August 06, 2019  at 04:11 PM

    Can a holding company provide interest free loan to subsidiary. In my view, it is not allowed as the exemption is only from SR under section 186(3). Please guide

  • Declaration of Interim Dividend
    by Kamal on Monday, August 05, 2019  at 10:40 PM

    Can Interim Dividend be declared out of free reserves. If no, then does this mean that section 123(1) is not applicable to interim dividends despite the fact that under section 2(35) dividend includes interim dividend. Please guide

  • Transmission
    by ARUN VAZ on Monday, August 05, 2019  at 09:06 PM

    ABC Pvt Ltd had 10 shareholders/Members. In 2012 one member died. Till date no heir of the deceased member has applied for membership / transmission. What is to be done with such shares which the deceased member was holding?

  • Holding of bank accounts in the name of MD
    by Rao KS on Saturday, July 27, 2019  at 06:00 PM

    1).Can a private limited company hold current accounts in the name of the MD for operational convenience, if approved by Directors by resolution. 2).In the books of the company, if it is treated as bank accounts of the company in BS as current account any additional disclosure required.

  • Beneficial Applicnt in case of Trust and Partnership Fimr
    by RAJESH on Wednesday, July 10, 2019  at 08:35 PM

    When Trust and There two trustee of same Trust are individual shareholder in a company then in which shareholder the shares of trust will be clubbed. Same question in case of partnership firm/LLP where three partners are individually shareholder along and firm is also shareholder.

  • Signing of Financial Statements
    by Kamal on Tuesday, June 25, 2019  at 08:16 AM

    Sir Ours company has all the foreign directors and they are at present residing outside India. How: 1. the board meeting should be conducted to approve the F.S. Do they need to visit India specially for this purpose 2. the signatures can be made on such F.S. Do we need to appoint additional director in India or do they need to authorise some representatives here in India

  • Interest under MSME Act
    by rajesh on Saturday, June 22, 2019  at 01:30 PM

    1. If MSME unit do not waive in writing the interest payable under MSME Act then whether auditor need to quantify the amount in Auditors report. 2. When Act itself says that despite written agreement of more then 45 days , payment has to be made in 45 days. So if MSME unit waives interest then it will defeat the purpose of ACt. 2) If MSME unit is group concern then though int. not charged but whether will be treated as deemed supply under schedule 1 of GST and liable to GST on deemed int..

  • Interest under MSME Act
    by RAJESH on Thursday, June 20, 2019  at 04:08 PM

    1)The co. is making payment beyond 45 days to MSME but no interest is paid as per MSME Act.MSME unit is having no objection but whether this statutory liability has to be calculated by auditors and has to qualify the report as co.is saying that int. need not to pay as per mutual understanding. Whether confirmation from MSME unit that there is no outstanding will be sufficient. 2) What will be GST implication in case of related parties/Non related parties(Tolerance of Act/Deemed supply)

  • Limited review report for the quarter ending 30.06.2019
    by VIJAYAN on Friday, June 14, 2019  at 06:37 PM

    SEBI has directed that all listed companies should publish consolidated financial results for the quarter ending 30th June 2019 Whether the comparative figures for the previous years quarter (30.06.2018) need to be given since there was no requirement at that time to give consolidated figures.

  • EXEMPTION TO NBFC
    by MUKESH GOEL on Monday, May 27, 2019  at 05:26 PM

    DOES AN NBFC COMPANY, WHICH IS A NON DEPOSIT TAKING AND NON SYSTEMICALLY IMPORTANT NBFC, ENJOYS ANY EXEMPTION FROM THE PROVISIONS OF SECTION 186 OF TE ACT IN TERMS OF SECTION 186 (11)(a) READ WITH SUB RULE 2 OF RULE 11 OF THE COMPANIES (MEETINGS OF BOARD AND ITS POWERS)RULES, 2014. THE SUB RULE 2 OF RULE 11 EXPLAINS THE MEANING OF "BUSINESS OF FINANCING COMPANIES". PLEASE REFER THE SECTION 186(11)(a)and RULE BEFORE THE AMENDMENT IN SECTION 186 ON 07.05.2018.

  • DPT-3
    by Sanjay on Thursday, May 23, 2019  at 03:24 PM

    In DPT-3,Amount received from Director is required to be reported. QUESTION:Whether payment made by Director on behalf of company for the expenses incurred is treated as amount received from director for the purpose of reporting.

  • Signatures on F.S.
    by Kamal on Friday, May 17, 2019  at 10:54 PM

    Sir Mr. X is the CMD of our listed company but he is out of town and the Board Meeting is scheduled in between. In his absence who should sign the Financial Statements in terms of section 134. Please guide

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