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Query Posted : 1093
Query Replied : 1093
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  • Free Reserves
    by RAJESH on Tuesday, September 21, 2021  at 06:48 PM

    When a shareholder (following Ind AS) receives shares on demerger and records shares of resulting company at fair value by crediting the same to P&L, whether such profits (fair value credited to P&L) would become part of free reserves and hence, eligible for dividend distribution?

  • Strike Off
    by AARTI on Tuesday, September 14, 2021  at 04:23 PM

    Dear Sir, Good Evening... A private limited company is strike off by Registrar of Companies suo motu due to non filing of financial statements and Annual Returns. Though Company has not filed any application for strike off in ROC. Further company has Bank Guarantee on which lien is marked in VAT department. VAT Department remove the lien. But on Bank account of company status is mentioned as strike off. Please suggest and Guide Bank Guarantee/Fixed Deposit can be released from Bank.

  • Reappointment of Auditor
    by MUKESH on Monday, September 13, 2021  at 12:57 PM

    The Auditor was appointed for a term of five years as per Sec 139 (1) of the Act. The Auditor is not willing to continue after second year and after completing the Audit for the second year intimate to the company to not to appoint him in the ensuing AGM. In this case, will the Auditor be required to file Form ADT- 3 to the ROC. As per our understanding Form ADT- 3 has to be filed in case of casual vacancy only. Thanks & Best regards

  • Beneficial Ownership
    by Kamal on Sunday, August 22, 2021  at 11:04 AM

    Sir, in continuation of earlier query where you replied that transfer of beneficial ownership has to be by deed of assignment - not by Power of Attorney. Can you please guide about the difference between power of attorney and assignment deed. I didnot find this in yours book

  • Beneficial Interest
    by Kamal on Saturday, August 21, 2021  at 11:51 AM

    Sir, Through which document a person can transfer his beneficial interest to another person. Can it done through Power of Attorney in favour of such another person

  • Appointtment of MD
    by Kamal on Wednesday, August 11, 2021  at 07:24 PM

    RST Limited is an unlisted public company. Two directors one independent and Mr. X the regular director, formed the quorum and conducted the board meeting. The board resolution was passed to appoint such Mr. X as MD of the Company. Whether Mr. X will be considered as interested director under section 184. Can he vote for himself for being appointed as MD

  • Co. law
    by CHETAN on Monday, July 12, 2021  at 01:45 AM

    Dear Sir, Mr. X is M.D of a company. He will complete his tenure on 30th August. One of the directors wants to get appointed as M.D. Query- Can this be said to be re-appointment in office of M.D ?? 2) Whether it is fresh appointment u/s 196 in above case ?? 3) If a Related party transaction exceeds the limits u/s 188 , then whether only Ordinary resolution is required or BOTH ORDINARY RESOLUTION & BOARD MEETING IS REQUIRED ??

  • Section 43 of the Companies Act, 2013
    by Manish on Friday, July 09, 2021  at 11:05 AM

    As per the provisions of Section 43 of the Companies Act, 2013, can a private company issue only differential dividend right shares in such a manner that one of its shareholder gets 55% of dividend right and the other shareholder get 45% of dividend right, where the voting rights of shareholder will be as per shares held by them (i.e one share one vote).

  • Section 3 of Cos Act
    by Himanshu on Thursday, July 08, 2021  at 10:36 AM

    Dear Sir, I have a query in Section 3 of the Companies Act, 2013. According to Section 3(1), a company may be formed for any lawful purpose. That means a company cannot be formed for other than lawful purposes. So my question is that According to the General clause Act "May" is read as "shall". Why can't we use the word "shall" instead of may in Section 3?

  • MSME Registration
    by Vivek on Wednesday, July 07, 2021  at 03:51 AM

    Dear Sir, Can we do a MSME Registration of a Proprietorship concern ? 2) We want to do MSME Registration of Proprietorship concern just for the purposes of reducing the interest rates on OD. So, if i take MSME Registration once, whether any other compliances should be done by me ??

  • Unsecured non convertible redeemable debentures
    by Ilayaraja on Sunday, June 27, 2021  at 01:21 AM

    Dear Sir Whether Farmer producer company Limited can issue unsecured Non convertible redeemable debentures to borrow money ? Whether producer company can have in AOA Provisions of borrowing powers of directors to issue debentures to borrow money Since CRC While incorporation of producer company asking us remove words debentures What is the reason ?

  • Unsecured Non Convertible Redeemable debentures
    by Ilayaraja on Sunday, June 27, 2021  at 01:18 AM

    Dear Sir Whether Farmer producer company Limited can issue Non convertible redeemable debentures to borrow money ? Whether producer company can have in AOA Provisions of borrowing powers of directors to issue debentures to borrow money Since CRC While incorporation of producer company asking us remove words debentures What is the reason ?

  • DPT-3
    by AARTI on Tuesday, June 22, 2021  at 07:05 PM

    Dear Sir, Good Evening! This query is related to DPT-3. If financial year of company is ending on 31st December, 2020 and then in DPT-3 for which date I have filled the information is 31st March or 31st December because in rules it is mentioned furnish the information contained therein as on the 31st day of March of that year. Please guide Thanks

  • Sec 102-----
    by Chirag on Wednesday, June 16, 2021  at 02:09 AM

    As per Sec 102(2)(a) (iii) of Co. Act, the appointment of directors in place of those retiring; is a Ordinary Business. So, in above provision , the word Appointment includes Re-Appointment also ?? 2) Whether contribution u/s 181 of Co.Act will suffice the requirements of Sec 135 also ??

  • Sec 102
    by Chirag on Wednesday, June 16, 2021  at 02:04 AM

    Dear Sir, In my last query in below link-- https://www.taxmann.com/research/query/company-and-sebi/info/60119 As per Sec 102(2)(a) (iii) of Co. Act, the appointment of directors in place of those retiring; is a Ordinary Business. So, for Re-appointment of Executive director retiring by rotation, WHOSE AGE IS 75 YEARS, then SR will be passed or OR ? 2) In Annual Report, of a Co, OR is passed in above case ? Why sir ??

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