Tarun

Sir,

One of my friend is director in company. The company has taken a loan 4.5 Years back.

They were asked to create the second charge on assets of the company. First being with the other bank against term loan.

They have not yet filled the form 8 with ROC for creation and registration of second charge.

The other Bank is asking the company to create the charge now. There is already a delay of 4.5 Years.

Please tell me the procedures and the penalty that may be levied in this case.

Please tell me all the penalties. Is there any scheme which we can opt for getting reduced penalty.


Joseph Joy Puthussery
01 October 2012 at 19:54

Loss more than capital

sir,
one of the companies i am doing accounts, constituted one and half years ago. They have a loss as per last b/s. But this year they made a profit but not enough to recoup the loss of last year. How'll i show the previous year loss under revised schedule VI? what if the loss is more than issued capital? please help. but sir, when the reserves and surplus itself is more than capital, how can we disclose it? in tally erp9, it is shown in asset side.. is that correct treatment?



Anonymous
01 October 2012 at 17:28

New form 23aca

Dear Experts

While filling form 23ACA we are trying to fill change in inventories of finished goods which in our case is (-) but form is not allowing (-) and showing error that it should be greater than 0. Plz resolve the issue asap. thanks.



Anonymous

Dear Experts

Pl guide and tell whether Schdule VI is applicable of every type of private and public limited companies. And whether there any exemption for small private limited companies.....

Pl reply on urgent basis. thanks.



Anonymous

Dear Experts

As per new form 23AC , there is selection of CARO and Cost audit applicability.Pl advice in which situations it is applicable and how.

Pl reply asap. thanks.


CS Ashish Jain
01 October 2012 at 15:50

Qualification shares for directors

In case of public limited company in its Article of Association there is no provision for qualification shares for directors. Now this company wants to amend its AOA and wants to insert the provision for the qualification shares. Now my question is that after the amendment what will be the status of directors who are not holding such qualification shares as at the time of their appointment there was no such requirement.

Whether such directors need to acquire qualification shares after the amendment in AOA and if yes, what will be the time limit within which they need to acquire such shares.


Sathyan Avinash
01 October 2012 at 13:04

Directors liable to retire by rotation

Dear Experts,

In a Public Ltd Company there are 3 Whole Time Directors and 2 Directors.

My query is that as per section 255, not less than 2/3rd of the Board of a Public Ltd company shall consist of rotational Directors.

So as the total strength of the board is 5, 2/3 of them i.e 3.33 or 4 should be rotational, whereas WTD is non-rotational Director and only 2 rotational directors are present.

In this case what is the course of action to be taken and is there any penalty devolving on the company ?

Thank you,

With regards,

Sathyan Avinash
e-mail id: sathyanavinash@gmail.com


Neetu Gupta
01 October 2012 at 12:57

Regarding resolution disapproved

Do we need to provide about those resolution in our minutes if the resolution are disapproved by the Board?

and do we need to put the resolution in the minutes of AGM if business is given as agenda in the notice but it is not discussed in the AGM.

Please provide your feedback.

Thanks & Regards


NILESH M PANCHAL

There is a one private Limited Company in which 2 promoters and they are directors.
One promoter/director want to resigne the company and a new person want to become promotor and director of the company.
the existing promoter and a new promotor want to change company name and its object clause.

my question are
Which are the forms I have to file to ROC?
can existing promotor and director resigne before change of name or object clause of company?
can new promotor enter?
Can I have to attched NO OBJECTION CERTIFICATE from existing promotor who wnt to resigned with form 1a?
Can I change name and object clause at the same time in one form 1a?
When I am making new moa and aoa new promotor can subscribe the same?



Anonymous
01 October 2012 at 11:41

Committee member

In how many committee a member can be a committee member at a time in one company?






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