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Query Posted : 835
Query Replied : 835
  • Resolution
    by Karan on Tuesday, December 11, 2018  at 07:05 PM

    Please guide if the company fails to file the resolution or the agreement under sub-section 117 within 30 days, whether such company shall be liable to a above mentioned penalty 9 penalty of Rs. 1 lakh + 500/day ( Max 25 lacs) and Officer Rs. 50,000 +500/day ( Max 5 lacs)) or only additional fees will be applicable as per section 403(1). Company in its board meeting held on 3rd November, 2018 need to file Form MGT-14 within the prescribed time of 30 days by 2nd December, 2018

  • Allotment of Equity Shares in Producer Company
    by Srinath Rao on Monday, December 10, 2018  at 07:05 PM

    Sir, Whether a producer Company can allot equity shares to more than 200 members ? Will allotting equity shares to more than 200 members is a non-compliance under Section 62/42 of the Companies Act 2013 ? As I understand producer company provisions are governed by Companies Act, 1956 as provisions under Companies Act 2013 with respect to Producer Companies are not notified. . Thanks and Best Regards, Srinath Rao

  • Section 139
    by Srinath Rao on Wednesday, December 05, 2018  at 02:40 PM

    After amendment of Companies Act, 2013 - can a private limited company (small/sme) appointment statutory auditor for a term of 5 years starting from 1st april 2018 even though he was appointed as statutory auditor for last 3 years on reappointment basis. Can statutory auditor be appointed only for 1 financial year or is it mandatory to appoint for a minimum period of 5 years ?

  • Further issue of capital
    by Kamal on Wednesday, December 05, 2018  at 07:50 AM

    Can a holding company infuse equity in form of non-cash consideration in its subsidiary company If a Government company acquires 51% equity in ABC Limited then whether ABC Limited need to obtain a different CIN as being a deemed Govt. Co.

  • Caro reporting
    by Mukesh on Saturday, December 01, 2018  at 07:36 PM

    A Pvt. Ltd. Co. has made private placement of equity shares due to an arbitration award. The Co. had recd. some money in 2015 as advance agst. property sale. Shares were allotted in 2018 due to arbitration award due to non fulfillment of CO's commitment to sell the property. How to report for Section 42 compliances in CARO report like deposit of money in separate bank account, share money utilized for the purpose for the which the shares were issued and other compliances mentioned in Section 42.

  • Increase in paid up capital of company.
    by Abhishek on Saturday, December 01, 2018  at 04:44 PM

    After conversion of proprietory concern into private company with 3 partners if proprietor wants to increase his shares to 50% of paid up capital of company, what are the methods and consequences thereof are available to him if his share falling short by 10%.

  • Overseas Subsidiary as Body Corporate
    by Kamal on Friday, November 30, 2018  at 04:14 PM

    We are planning to remit some advance for incorporation of subsidiary outside India. Whether any approval from RBI is required for such remittance. We are in tender Invitation stage but incorporation of subsidiary may take some time hence we are inviting tender from the Indian Company. Whether we can issue award letter from subsidiary at a later stage. If yes what conditions need to be put under tender to avoid any issue under Indian law later on.

  • Books of accounts
    by Kamal on Tuesday, November 27, 2018  at 02:56 PM

    Sir the words used in section are "all or any" of the books.... does this mean that there can be multiple (more than two) addresses when company has branches across India and the books etc. are kept at each such place

  • Object clause if Conversion of Proprietorship to Private Limited
    by Sanjay on Monday, November 19, 2018  at 04:08 PM

    While incorporating a Pvt limited company to acquire the proprietorship by the proprietor (in compliance to Income Tax Act), is it mandatory to insert an object of taking over of proprietorship as main object in 3(a) or it is sufficient to have it in clause in 3(b) i.e taking over of proprietorship as furtherance of objects.

  • NFRA
    by Kamal on Friday, November 16, 2018  at 10:46 AM

    Sir Now that NFRA Rules have been notified, i found that there is no immunity to the disciplinary proceedings under the CA Act, if an auditor is penalised or debarred under such Rules. Does that mean that once the proceedings end under these rules, ICAI can commence proceedings under CA Act. If yes, where Article 20(2) of Constitution come to help

  • Private Placement
    by Kamal on Tuesday, November 13, 2018  at 11:38 AM

    In case of listed companies, the promoters shares are also listed. If these promoters want to transfer their shares to other persons, what procedure shall be complied with

  • Additional Director to Normal Director
    by vivekanand nekkanti on Friday, November 02, 2018  at 06:25 PM

    Dear sir, We Appointed additional director in Jan'18 and subsequently at the AGM held on 18/09/2018, we changed him to full time director. But in form DIR 12 we took him as appointment (not change in designation) on 18/09/2018. In MCA website, the same director is shown as two line items. In one line item he shown as Additional director and in another line item he is shown as Director. Please guide us to rectify this mistake and he should be shown only as Director.

  • EGM by requisition
    by Bhavesh on Monday, October 22, 2018  at 11:03 AM

    Dear Sir, wrt previous query,my question was actually something else.If within a week of receiving the notice, circular resolution fails since there is a deadlock(one director consents and the other dissents), Then should shareholders wait for 21 days from date of notice(since the Act gives the Directors 21 days to proceed), can we say that the Board has proceeded but will not be able to convene the EGM) and hence on receiving letter of resolution failing,shareholder can call EGM?

  • Section 180(1)(c) and Section 186(3)
    by Kamal on Sunday, October 21, 2018  at 11:32 PM

    What is the cut off date on which the financial parameters as mentioned in section 180(1)(c) and Section 186(3) shall be examined - on the date of preceding audited balance sheet or on the date of taking/ giving the loan - as these sections are silent for this aspect

  • Partly owned subsidiary and JV Company
    by Kamal on Sunday, October 21, 2018  at 10:16 PM

    The relaxation u/s 186(3) is available for loan given to wholly owned subsidiary and JV company. Whether such relaxation is also available to partly owned subsidiary and associate company since these companies are not mentioned in this sub-section or Rule 11

  • EGM by requisition
    by Bhavesh on Sunday, October 21, 2018  at 07:27 PM

    The shareholders gave special notice for requisition of EGM to appoint one Director. On same day as receiving the requistion, the MD issued notice for resolution by circulation to convence EGM but the other Director conveyed his dissent 2 days thereafter. Thus can it be understood that the Board has failed to convene the EGM and hence the shareholders themselves can call the EGM or will they have to still wait for the mandatory period of 21 days before convening an EGM.

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