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Query Posted : 733
Query Replied : 733
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  • Director remuneration
    by Karan on Wednesday, October 04, 2017  at 12:51 PM

    Whether Balance Sheet can be considered as an acknowledgement of debt towards directors outstanding remuneration? If yes, then how director can claim himself as a creditor just by signing his own financial statement

  • Vacation of office of director
    by Kamal Garg on Sunday, October 01, 2017  at 12:03 PM

    If Mr. X is a director in ABC Limited, PQR Limited and DEF Limited and ABC Limited made a default in annual filing as mentioned u/s 164(2)(a), then whether he need to vacate offices in all the three companies. The reason this question is asked is that pursuant ti recent RoC action Mr. X seems to have been facing vacation from all the offices

  • Rotation of Auditor
    by MUKESH GOEL on Wednesday, September 27, 2017  at 01:39 PM

    AN UNLISTED PUBLIC COMPANY IS OUT OF THE PURVIEW OF SEC 139(2) TILL FY 2016-17 WHEN ITS PAID UP CAPITAL IS RAISED OVER 10 CRORES ON 31.3.2017. THE AUDIT FIRM OF THE COMPANY IS THE AUDITOR FOR THE LAST MORE THAN 15 YEARS. WILL THE COMPANY HAVE TO CHANGE THE AUDITOR FOR THE NEXT FY 2017-18 OR THE TIME LIMITATION STARTS FROM THE CURRENT FY 2016-17.

  • NCLT
    by Kamal Garg on Tuesday, September 26, 2017  at 11:15 AM

    Sir what is the procedure and Form for seeking adjournment and filing rejoinders before NCLT

  • Disqualification of Director
    by Karan on Saturday, September 23, 2017  at 11:17 AM

    When the disqualification shall be removed? 1) Once Company has filed annual return/ financial statement for last three years 2) The period of five years has been lapsed. 3) 1, 2 whichever is earlier 4) 1, 2 whichever is later

  • Disqualification of Director
    by Aditi Mittal on Friday, September 15, 2017  at 10:44 AM

    A Pvt. Ltd. company had not filed its 5 years Annual filing Returns has been struck off by the ROC and the Director of the Company is in the Disqualified Director List of ROC. My query is : 1) As per Section 164 (2), if any director disqualifies then for 5 years he cannot be appointed/reappointed as Directors of the Company, whether this disqualification would also be for the existing companies in which he has the directorship and whether he has to vacate the office in the said situation?

  • Disqualification of Director
    by Aditi Mittal on Friday, September 15, 2017  at 10:42 AM

    A Pvt. Ltd. company had not filed its 5 years Annual filing Returns has been struck off by the ROC and the Director of the Company is in the Disqualified Director List of ROC. Queries are :1.Process of application for removal of disqualification by director?2. Since the Company which was defaulted in Annual filing has already been struck off by the Company, whether in that case disqualification would still continue?

  • CASH FLOW STATEMENTS
    by MUKESH on Wednesday, September 13, 2017  at 02:13 PM

    SECTION 2(40) DEFINES FINANCIAL STATEMENTS WHICH INCLUDES CASH FLOW STATEMENTS.EXEMPTION FROM CASH FLOWS IS NOT AVAILABLE TO ANY HOLDING/SUBSIDIARY COMPANY AS PER SECTION 2(85)EVEN IF IT IS A SMALL COMPANY. IF A COMPANY IS A HOLDING COMPANY BUT SME AS PER AS3 THEN WILL THE COMPANY BE OUT OF REQUIREMENT OF MAKING CASH FLOW STATEMENTS BECAUSE AS3 IS NOT APPLICABLE TO SME.

  • Exemption - Infrastructure Company
    by Shukla on Tuesday, September 05, 2017  at 04:56 PM

    ABC Limited a public limited listed company is engaged in the business of power transmission. The Company mainly carries on its business activities through its operational subsidiaries. The main object clause of its memorandum and articles of association authorises it to carry on transmission business covered under the expression "infrastructure facilities" as specified in Schedule VI. Whether ABC Limited can be termed as company engaged in providing infrastructure facilities u/s. 186(11

  • ESOP
    by Kamal Garg on Saturday, September 02, 2017  at 01:14 PM

    As per our ESOP policy, we buy back the shares once a person exits. We want to open two options for employees now: No compulsory buy back on exit, employees can hold the shares if they want. Hope there should be no problem with respect to this. Employees can sell shares to the company even when they are in employment – Is this possible? Employees can sell shares to one another – Is this possible? Is there any restriction from the law point of view.

  • Loan Represented By a Book Debt
    by Virender chaudhry on Friday, September 01, 2017  at 11:15 AM

    Dear Sir, Whether debtors for sale of goods / services, consisting of directors or any other person in whom the directors is interested, are covered by the provisions of section 185. If covered, then, is there any exception to the same to make the transaction not fall under the provisions of section 185.

  • Loan taken / given
    by Parth on Thursday, August 31, 2017  at 01:44 PM

    Sir, Would Section 188 be applicable to a transaction of availing / giving of a loan from related party by falling under availing/rendering of service criteria under Section 188.

  • TREATMENT OF LOSS ON SALE OF SHARES
    by GIRISH on Wednesday, August 30, 2017  at 08:17 PM

    CO.'A' PURCHASE SHARES OF CO.'B' @500/SHARE. THE INVESTMENT DIVISION OF COMPANY 'B' GOT MERGED WITH CO.'A' RESULTING IN ALL THE INVESTMENTS OF COMPANY 'B' GOING TO COMPANY 'A' & ENTRY BEING PASSED THROUGH CAPITAL RESERVE IN COMPANY 'A' BOOKS.THIS DEMERGER RESULTS IN FAIR VALUE OF EQ.SHARES OF CO.'B' FALLING TO RS. 140 ONLY. CO.'A'SELLS ALL THE SHARES OF CO.'B' IT HELD @ 140.00. CO. A NOW BOOK THIS LOSS IN CAPITAL RESERVE & NOT P&L AS THE VALUE HAS FALLEN DUE TO MERGER. IS IT CORRECT.

  • Joint Shareholding
    by Kamal Garg on Wednesday, August 30, 2017  at 01:23 PM

    Sir how many joint shareholders are permitted for a share in case of (i) Private Company; (ii) Unlisted Public Company; and (iii) Listed Company

  • Balance sheet
    by karan on Monday, August 28, 2017  at 12:08 PM

    1. A newly incorporated company can change its registered office ? 2. Company incorporated in Feb 2017, Can a company make balace sheet till 31 March, 2017 (i.e. for 1 month after incorporation)

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