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Query Posted : 660
Query Replied : 660
  • Appointment and Removal of auditor
    by Karan on Wednesday, January 18, 2017  at 11:00 AM

    Sir, ex-auditor has duly signed his resignation letter and his resignation has been recorded in minute and new auditor has been appointed in his place. But ex auditor is not ready to file his ADT-3 to MCA for his resignation. Now New auditor will not able to file his appointment i.e. ADT-1 to MCA. In that case, what should be do?

  • Getting appointed as Managing Director
    by Kaushik on Monday, January 16, 2017  at 12:14 PM

    I am a Doctor and having full time practice at my hospital. I want to get appointed as Managing Director of private limited company engaged in medical and hospital business. Whether i am allowed to simultaneously run my practice as doctor and get appointed as managing director.

  • Meaning of Notice of Admission
    by Kamal Garg on Tuesday, January 10, 2017  at 11:32 AM

    Dear Sir What is the meaning of Notice of Admission used in Rule 34 of NCLT Rules (Form NCLT 2) and Creditors Responsibility Statement used in Section 230(2)

  • Form STK 2
    by Kamal Garg on Sunday, January 08, 2017  at 07:29 PM

    Dear Sir What is difference between special resolution and 75% consent mentioned in this statement in Form STK 2 Form STK 2 shall be accompaied by a copy of the special resolution duly certified by each of the directors of the company or consent of seventy five per cent of the members of the company in terms of paid up share capital as on the date of application

  • Issue of shares by public company to 500 shareholders
    by Abhay Chhajed on Sunday, January 08, 2017  at 09:07 AM

    we are planning to Incorporate public limited company with 10 shareholders. we than plan to increase the shareholders to 500 by issue of new shares. co will be unlisted. 1. whether we can allot new shares to 500 members. 2. what is the procedure 3. what are sebi restrictions

  • Intimating the receipt of call money
    by Swapna on Saturday, January 07, 2017  at 01:29 PM

    The Company allotted the shares one year back on receipt of application and allotment money. Now the Company made the first and final call and received the money and it supposed to intimate the ROC about the increase in paid up share capital. Need clarification, what date to be mentioned as date of allotment in PAS-3? If we mention the date of allotment, which is one year back, the company end up paying additional fees and 300 days already crossed.

  • Approval of shareholder under LODR
    by purvi on Saturday, December 31, 2016  at 06:07 PM

    Sir, Whether approval from share holder is required prior to entering related party transaction or only audit committee approval will do as per lODR. This query is specific for Unsecured Loan which is not covered under companies act u/s 188 but covered under LODR

  • Permission from Share holder as per LODR
    by purvi jain on Friday, December 30, 2016  at 11:19 AM

    Sir, As per CA 2013, permission of Share holders is required prior to transaction or ratification within 3 months of transaction. But there is no clear guidance in this regards in LODR. So, when a company enters into a related party transaction which is related only under LODR, like Unsecured Loans, than whether the permission of share holders can be taken after entering into transaction in next general meeting, without considering the limit of 3 months. Regarsd

  • Transaction Amount in case of Unsecured Loan
    by purvi jain on Friday, December 30, 2016  at 11:15 AM

    Sir, If a listed company take unsecured loan from a related party, it is not a related party transaction U/s 188 of Companies Act, 2013 but it is a related party transaction under LODR. My query is whether we have to consider teh amount of interest paid or total Unsecured Loan taken from related party as amount of transaction for considering materiallity. E.g Director gives a loan of Rs 10 lakhs and listed company pay interest of rs 90 thousand.So which amount to be considered for materi

  • Search and Seizure
    by Kamal Garg on Thursday, December 15, 2016  at 12:45 AM

    Dear Sir What are the rules or regulations for search and seizure under the 2013 Act. I can see the sections but no rules or regulations. please guide

  • Fast Track Exit Mode
    by Kamal Garg on Saturday, November 26, 2016  at 02:16 PM

    Dear (i) Whether the Fast Track Exit Scheme is still in operation (ii) A client has received notice from ROC for prosecution under section 99 of 2013 Act. Whether the reply shall be filed through email, registered post or GNL 1

  • Applicability of section 188 for transactions authorised by AoA
    by Saju on Thursday, November 17, 2016  at 02:14 PM

    X Ltd is a joint venture between A and B. As per the joint venture agreement which is incorporated in the AoA, X Ltd is to produce certain products using the technology of "A" and as per Articles X Ltd cannot do any other business other than manufacturing the products for "A" and cannot have any other supplier or buyer other than "A". The mechanism for determination of price is also provided in the Articles. Whether approval under section 188(1) is required for these transactions?

  • AGM can be held outside India
    by Priya on Tuesday, November 01, 2016  at 06:18 PM

    A company is having all shareholders outside India. Is it permitted to hold AGM outside India? One of the shareholder is a OPC in US. Please suggest a solution as it is not feasible for the shareholders to visit India every year just to attend AGM. Thanks, Priya

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