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Query Posted : 704
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  • Approval of financials in AGM
    by karan on Saturday, June 24, 2017  at 12:22 PM

    I have a query regarding the attendence of members in AGM in a private company, there are 2 shareholders and they are out of India. To approve the financials of a company need to hold AGM and there is not possiblity for the shareholders to come back for an AGM. So, what are the possibilites to conduct an AGM? Sir please suggest, if each shareholder can trasfer one share to each two persons present in India and they can both form the quorum for AGM?!

  • Conversion of Co to LLP - Loan Given to Unrelated Company (II)
    by Manish Agarwal on Thursday, June 08, 2017  at 10:16 AM

    Sir Loan from company is not considered as deposits, whereas loan from LLP as per you would be considered as deposit. The borrower company while obtaining loan from company did not do any compliance in relation to acceptance of deposits. Now since the lender has been converted into LLP, what is the remedy available with borrower to address the non-compliance with deposit rules?

  • Conversion of Co to LLP - Loan Given to Unrelated Company
    by Manish Agarwal on Wednesday, June 07, 2017  at 02:36 PM

    A company ABC Pvt. Limited has been converted into Limited Liability Partnership u/s 56 of LLP Act, 2008 (say ABC LLP). Prior to conversion ABC Pvt. Ltd. had given loan to Company. Q1. Whether such loan post conversion into LLP would be classified as acceptance of deposits by borrower? Q2. In case above is not considered deposit, if terms of loan are renewed by LLP upon expiry, whether that would construe as renewal of deposits?

  • MD
    by Kamal Garg on Friday, June 02, 2017  at 11:22 AM

    Can MD of Holding Company (H Ltd) be also appointed as MD in its Subsidiary Company (S Ltd) as well as one other Company (PQR Ltd)

  • Alteration of conversion ratio post issue
    by Saket on Monday, May 29, 2017  at 01:13 PM

    After issue of convertible preference shares, can the conversion ratio (for conversion of preference shares into equity) be changed under section 48? Also the company has only issued preference shares once. Can the same be considered as a "class" of share?

  • Procedure for Issue of Debenture
    by Kaushik on Monday, May 22, 2017  at 10:50 AM

    Dear Sir, Kindly guide me regarding procedure of issue of unsecured and non-convertable debenture by the private companies. Also guide me regarding the attraction of deposit rules for the issue of unsecured and non-convertable debenture.

  • Transfer of Shares in Listed Company
    by Kaushik Nahar on Monday, May 22, 2017  at 10:12 AM

    In a listed Company, existing promoters intend to transfer shares to a trust named ABC Foundation. As on date no shares are held by this trust in the Company. Upto what percentage the shares can be acquired by trust in a Financial Year so as to avoid open offer provisions?

  • Foreign Company
    by Kamal Garg on Saturday, May 20, 2017  at 03:07 PM

    Dear Sir If a company (ABC) is incorporated in India with 100% capital [FDI] by a body corporate (PQR)incorporated outside India, then whether ABC Limited shall be deemed as foreign company considering the words 'place established in India' used in section 2(42)

  • Section 413
    by Kamal Garg on Saturday, May 13, 2017  at 11:44 AM

    Sir whether the word "for" used in Section 413(1) of the Companies Act, 2013, stating the "re-appointment #for another term of five years" shall mean: (1). Exactly five years; or (2). Upto five years

  • Interest on Income Tax
    by Sharad Bhatnagar on Wednesday, May 10, 2017  at 03:00 PM

    Pl advise that should we add Interest on Income tax to the Profit before tax to calculate the adjusted Profit for calculation of Managerial remuneration as we have already deducted the interest on Income tax from the Profit before tax.

  • MCA Notification for IFSC Companies
    by Kamal Garg on Friday, April 28, 2017  at 11:15 AM

    Dear Sir MCA Notification Dated 4-1-2017 states that for Clause (c) of Expln to Sec. 185 the following shall be substituted: any private company of which any such director is a director or member in which director of the lending company do not have direct or indirect shareholding through themselves or through their relatives and a special resolution is passed to this effect Queries: (1) what is interpretation of SR used in the clause (2) is this substitution only when the lending co. is I

  • Amalgamation of a company
    by Sohil on Monday, April 24, 2017  at 06:31 PM

    in case a company gets amalgamated with another company from say appointed date of 1 may 2017, then for the financial year 2016-17 what all compliances such as AGM, Form AOC-4, etc required ? which should be date of AGM ?

  • Declaration of Beneficial Interest
    by Kamal Garg on Saturday, April 22, 2017  at 02:48 PM

    President of India held 49% equity in ABC Limited through Ministry 1. Now the 49% is being proposed to held by Ministry 2. How the proceedings should be taken up by ABC Limited

  • Video Conferencing
    by Kamal Garg on Thursday, April 20, 2017  at 11:56 PM

    Dear Sir Can Chairman of the Board Meeting participate through Video Conferencing. Kindly provide any regulatory reference for the same

  • Can a petition be filed with NCLT, avoiding arbitration clause
    by ROHIT GUPTA on Tuesday, April 18, 2017  at 06:57 PM

    Respected Sir, I want to file a petition with NCLT under sections 73,74 and 447 against a builder company, but the agreement contains arbitration clause under which, the company is entitled to appoint sole arbitrator. Can I opt out of arbitration clause and file petition with NCLT? Thanks & regards.

  • MOA and AOA
    by Kamal Garg on Monday, April 17, 2017  at 07:27 PM

    Sir 1. Can the articles of association be subservient to the shareholders agreement; 2. Can the holding company ask the subsidiary company to appoint the CMD of the holding company as Chairman of the Board Meeting of subsidiary company

  • TAKE OVER OF PARTNER SHIP FIRM
    by ROHIT on Monday, April 17, 2017  at 05:37 PM

    Sir, What is the procedure for Take over of Partnership firm by Pvt Ltd Co. Under which section of CA 2013 will takeover take place and which form required to be filed with ROC. Thanks & regards. In continuation of the above question, " It is the situation of Take Over and not Conversion.

  • Takeover of partnership Firm
    by ROHIT on Saturday, April 15, 2017  at 06:43 PM

    Sir, What is the procedure for Take over of Partnership firm by Pvt Ltd Co. Under which section of CA 2013 will takeover take place and which form required to be filed with ROC. Thanks & regards.

  • Transfer of Shares
    by Kamal Garg on Friday, April 07, 2017  at 07:32 PM

    Dear Sir In PQR Limited earlier 100% shareholding was with Ministry 1. But after restructuring 51% shareholding would be with GHI Limited and 49% with Ministry 2. Please advise how the shares shall be transferred from Ministry 1 to Ministry 2

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