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Query Posted : 693
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  • 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

  • Takeover
    by Kamal Garg on Tuesday, April 04, 2017  at 12:33 AM

    Dear Sir ABC Limited a govt company is holding 51% share capital in PQR Limited. CG is holding 49% share capital in PQR Limited. What is the procedure to be followed by ABC Limited to purchase 49% from CG.

  • Merger
    by Kamal Garg on Friday, March 31, 2017  at 03:28 PM

    Dear Sir If in Competition Commission of India Order for Business Combination, appointed date is not specified then whether it would be based upon retrospective basis on the date on which application was filed beofore CCI

  • Corporate Guarantee
    by Kamal Garg on Thursday, March 30, 2017  at 04:33 PM

    Dear Sir One Indian Holding Company wants to provide Corporate Guarantee to its overseas subsidiary. Can it do so. If yes, what are the FEMA Provisions we should look into

  • Section 188
    by Kamal Garg on Saturday, March 25, 2017  at 01:39 PM

    Dear Sir Whether (i) mortgaging, (ii) pledging and (iii) hypothecating, property with a related party can be covered under the expression "or otherwise disposing off the property of any kind"

  • Redemption of CCPS
    by Karan Khurana on Thursday, March 16, 2017  at 04:46 PM

    Can a company redeem cumulative convertible preference share (CCPS) issued earlier at premium at breakup/book value in the event of losses and no dividend declared by the issuer company in the event of continued losses? Is there any restriction on redemption of CCPS ignoring the dividend in view of losses?

  • Apostillation of documents
    by gurpreet on Thursday, March 16, 2017  at 12:31 PM

    In case indian passport holder who is resident in hong kong is present in India then do he needs to get the documents for incorporation of company in india apostilled from hong kong. and also in this case do we need to file e-moa or the moa physically signed and apostilled by him. the said person is the nominee of the hong kong based company who is a subscriber to the indian company. Pls confirm

  • Rotation of Auditors-Applicability
    by SUDHAKAR KASU on Saturday, March 04, 2017  at 10:08 PM

    A unlisted Limitedcompany has the following bank loans as on 31-03-2014 Rs.45 crore 31-03-2015 Rs.59 crores. Auditors were appointed for a term of Five years in the month of August,2014(i.e at the time of AGM). Does Rotation of Auditors applies?If so from which year?

  • Rotation of Auditors
    by SUDHAKAR KASU on Monday, February 27, 2017  at 05:06 PM

    whether Rotation applies if Holding company does not comes under Rotation,Subsidiary company comes under Rotation and I am the Auditor of the Holding Company? Can i continue as an Auditor of Holding Company and can i sign Consolidated balance sheet.

  • Company Law committee highlighting on existing provision only
    by Srinivasan Raman on Monday, February 20, 2017  at 08:50 AM

    The recommendatory Report of Company Law committee (February 2016), comments ON EXISTING POSITION OF LAW on audit rotation in Para 10.6, the Committee noted that only large private companies with a paid up capital of Rupees Twenty Crore or more were required to follow this provision. They are not recommending and only explaining existing provisions. FYI. Thanks.

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