Rajesh

Respected Experts,
I HAVE PUT THIS QUERY ON JUNE 12, 2012 BUT THERE HAS BEEN NO REPLY FOR THE PAST 2 MONTHS, ANY EXPERTS THERE TO GUIDE WILL BE A GREAT HELP FOR ME ALSO FOR THE READERS WHO GO THROUGH THIS QUESTION.
Since there was some discrepancies (for example overstatement of expenses or understatement of sales which affects the profit of the company) in the accounts of the company which were approved by the directors in the board meeting. Now before filing the return of income the company wants to set right the books of accounts. IS it possible for setting right the books of accounts?
If yes what is the procedure and what are the sections so that i can pracitcally do it.
Please provide ur explanation detailedly so that i can understand it and implement it properly.

Thanks & Regards,
Rajesh.



Anonymous
11 August 2012 at 17:21

Defaulting directors

THE DIRECOTORS OF MY COMPANY ARE ALSO DIRECTORS OF A DEFAULTING COMPANY.
SO CAN DSC OF THESE DEFAULTING DIRECTORS BE USED FOR ANNAUAL FILING IN MY COMPANY?
PLS SPECIFY.
ITS URGENT
THANKS IN ADVANCE


aman

Since no specific power is required for appoimtment of director filling casual vacancy undr articles. However, if articles provide the manner of filling the vacancy ,it should be filled as the articles required.
Does it mean that casual vacancy can be filled by passing circular resolution.?
Plz help...


ARUN KUMAR MAITRA
11 August 2012 at 12:24

Hypothication against car loans

A Company has obtained car loan of Rs.5 Lacs from a nationalised bank.The Bank has not yet executed any hypothecation deed.It has executed a loan agreement as well as a Personal Guarantee Agreement. However, there is an endorsement on the RC Book of the vehicle.

Whether it is mandatory to creat and register the charge with the RoC for the above car loans?

If registration is needed ,can prescribed Returns be filed with the RoC without any Hypothecation Deed?


kulvinder singh
11 August 2012 at 11:37

Form 23b..

in case of new company of which AGM wil be held in future or in case of first auditor, Form 23B is require to be filed???


Guest
11 August 2012 at 11:29

Misc exp not w/off

As per new schedule VI there is no place for 'miscellaneous expenditure to the extent not w/off or adjusted' (preoperative exp)in the balance sheet

even if we write it off fully this year how should we show the last year's balance in last yr's column in B/s?

Also will a resolution be required to be passsed for the above w/off?



Anonymous

A Holding Company holds 100% shares in a subsidiary Company. in orderto comply with the requirements of Seven members, holding company along with 6 of its nominees hold equity shares in the company.nominees hold one equity share of Rs. 10/- each. whether Section 187-C will apply in respect of the said nominees?. whether the provisions of Section 187-C stands reduntant w.e.f 13.12.2000 (comapnies {amdmnt} 2000)? Please guide.



Anonymous
11 August 2012 at 10:35

Name rejection by roc

Respected Experts, please guide me what to do when ROC rejects your name,after taking due care for name availability & digitally signed by Director, (not signed by any professionals).Their query is the name is very general & the following supporting word related with the nature of business is also very common, But the spelling is very different from the existing name of the companies,though the pronunciation is similar.please guide.



Anonymous
10 August 2012 at 21:38

Compliance certificate - annexure b

Dear Friends / Experts,

Please do the needful on the following :

A Private Company has filed the following forms for the FY 2009-10 :

Form 1A,
Form 23,
Form 1B,
Form 66-23AC-23ACA(2008-09) and
Form 66-23AC-23ACA-20B (2009-10)

Total 8 Forms filed.

Company sent the above forms filing details to the PCS for getting the Compliance Certificate.

PCS ignored certain Forms filing like 1A, 1B, Form 66-23AC-23ACA(2008-09) and issued the Compliance Certificate with other Forms filing ? (Reason not known - to be checked, if required)

Ans : ……………………… (Can the company accept such CC).

Should PCS in Annexure B to the Compliance Certificate mandatorily mention all the above mentioned forms filed by the company for the FY 2009-10 or not ?

Ans : ………………………

Please do the needful.


Khalid
10 August 2012 at 16:40

File the form-32

Kindly advise us on the following:

X is GM-F & Company Secretary of RIP Ltd was holding charge of the Company Secretary position in addition to his responsibilities. it was decided to appoint a Company Secretary. Accordingly, RIP Ltd had recruited Z who is a qualified Company Secretary vide appointment letter dtd 16th March 2012 and the same was accepted & resumed to duty by Z on 22nd May 2012. Accordingly Z had been appointed as Company Secretary of RIP Ltd with effect from 6th June 2012 vide Circular Resolution of the Board dated 28th May 2012 in place of X. Subsequently, Z went on leave from 7th June 2012 and subsequently resigned from the Company with effect from 19th June 2012, the letter of resignation received by the Company only on 16th July 2012 and the Company has accepted his resignation and relieved him from duty on 20th July 2012.

Company was yet to file the form-32 for the Appointment & resignation of the above case. In the meanwhile Company is in the process of appointing another Company Secretary.

following are the clarification:
1. Whether Company need to file Form-32 for the appointment of Z as Company Secretary and resignation of X as Company Secretary
2. Whether Company need to file form-32 for resignation of Z as Company Secretary
3. Who would be the Company Secretary of the Company during the period after resignation of Z
4. Whether there are any Contravention of the Companies Act 1956 in this regard


Your kind advice would be of much help to us






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