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Query Posted : 713
Query Replied : 713
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  • Advances from Customer by other than companies
    by vishal on Friday, August 11, 2017  at 01:56 PM

    Respected Sir, whether there is any law at present which restricts the acceptance of the deposits in the form of Gold from the customers by entities (other than companies)? If yes will you please give me the name of such act. Thank you in advance.

  • Advances from customers
    by vishal on Wednesday, August 09, 2017  at 12:25 PM

    Respected Sir, I am a jeweller and planning to start a scheme of Gold deposits for my customers at large. i will be paying interest in terms of gold to those customers on a yearly basis. i would like to know whether any provision bar this kind of arrangement to a company or a firm? Thank you in advance.

  • APPOINTMENT OF INTERNAL AUDITOR AS STATUTORY AUDITOR
    by Kaushik on Tuesday, August 01, 2017  at 04:40 PM

    Dear Sir M/s. ABC & Company were appointed as Internal Auditor of the Company for 5 years. However the Company intends to appoint M/s. ABC & Company as Statutory Auditors. M/s. ABC & Company shall prior to their appointment, resign as Internal Auditors. Whether M/s. ABC & Company is eligible to become Statutory Auditor of the same company for March 17-18? Kindly provide your valuable inputs.

  • Specified Bank Notes
    by S.RAJESH on Thursday, July 27, 2017  at 07:12 AM

    Whether Auditor has to provide qualified opinion in Audit report in case un-permitted SBN's has been received by a company during 08-11-2016 to 30-12-2016

  • 180(1)(a)
    by HARISH AGRAWAL on Saturday, July 08, 2017  at 01:00 PM

    Will mortgage of assets of a public company for borrowing amount to disposal of assets? If yes, what are the limits to reckon and conclude that shareholders special resolution is a necessary for creation of such mortgage? Will mortgage without possession of assets be treated differently for the purposes of interpretation as to applicability of section 180(1) (a) ?

  • NET WORTH OF A BODY CORPORATE
    by SATISH on Saturday, July 01, 2017  at 05:50 PM

    AS PER SEBI INVIT REGULATION, A BODY CORPORATE HAVING NET WORTH OF RS. 100 CR CAN BE SPONSOR AND NET WORTH FOR THIS PURPOSE IS DEFINED AS PER SECTION 2(57) OF THE COMPANIES ACT WHICH TOOK INTO ACCOUNT PAID UP SHARE CAPITAL AND OTHER PARAMETERS. NOW QUERY IS WOULD THAT BODY CORPORATE WHICH HAVE CAPITAL BASE OTHER THAN IN THE FORM OF SHARE CAPITAL(EQUITY/PREF) BE OUT OF SUCH ELIGIBILITY BY STRICTLY FOLLOWING THE LAW.

  • 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

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