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.

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

I want to know that if the Chairman has refused to signed the minutes after meeting has concluded and there is no reason exactly why he is not signing the minutes so who are responsible for that whether it is company secretary or the chairman and after that board meeting what can we do to held a next board meeting where previous board meeting minutes has not signed yet & secondly, besides of the chairman all other director have agreed on previous board meeting minutes so with their consent can we appoint another person as a chairman(amongst the other directors) to signed that previous board meeting minutes. Exactly what has to be done in this regard so there is no contravention of a law.

A private ltd company has become deemed public company as per sec 43b of the Companies Act. As a result, the company has to named without the words "private Limited"

The company wants the name "Private Limited" to be inserted. Is it possible to do

If so, what is the procedure

Sir,

Query 1: Can preference shareholders be regarded as member of the company as per section 41 of the Companies act, 1956.

Query 2: Can preference shareholder demat their shares and transfer in normal manner as equity shareholders.

Dear Experts
Kindly reply to the following query:-

A company had allotted 252500 equity shares on 05/10/2011 and filed Form 2 in this regard on 07/04/2012. After this, authorised capital was increased by the company w.e.f. 10/03/2012 and Form 5 was filed on 09/04/2012 in which the effect of increased paid up capital was not shown by mistake. Due to this, the master data is showing old paid up capital.

Company had also allotted 1788444 equity shares on 03/10/2011 but forgot to file Form 2 in this regard.

Now what should be done in this case as by filing fresh Form 2 dated 03/10/2011 will result in defect/error in form 2 & form 5 already filed with MCA.

Thanks & Regards
Darshan Kaur

Can a private limited company keep the share application money without alloting shares..........? if yes then for how many years and as per which section of the Companies act.....?

hi,
My query is related to 23B.want to know whether we can revise or file another form to rectify the mistake in 23 B as filled earlier.
such mistake are
a) financial year
B) Date of acceptance of appointment
C) By mistake limit u/s 224 IB filled as No.

A a pvt ltd com holds 60% shares of another pvt ltd co , whether the company is subsidery com and yes what are special provision to be made i.e. in income tax, MCA etc

Dear professional colleague,

Need format of power of Attorney from foreign holding company to its nominees or representative for incorporation of wholly owned subsidiary.

Thanks a lot in advance.