Pravin Mishra
20 July 2012 at 12:10

Clarification on section 274(1)(g)

Sir,

Section 274(1) (g):-

A person shall not be capable of being appointed director of a company, if such person is already a director of a public company which-

(A) Has not filed the annual accounts and¹ annual return for any continuous three financial years commencing on and after 1st day of April 1999;

(B) Has failed to repay its deposit or interest thereon on due date or redeem its debentures on due date or pay dividend and such failure continues for one year or more.


What I understood after reading this Section that if public Company dose not file both annual accounts(form 23AC & 23ACA) and annual return(form 20B) then all the directors of the such public company will be disqualified from being appointment as directors in another public company for the period of 5 year from the date when he is disqualified.

My query is

1. A person is director both in private and public company and MCA is showing his status as defaulting in private company not in public company and MCA is not accepting his form in public company.
2.A person is a director in public company and MCA is showing his status as defaulting (for not filling only annual accounts for one year only) here also he is not disqualified, as default is for only annual accounts and not annual returns and that to for one year only so why MCA is not accepting his form in another company.



Anonymous

Kindly clarify the following query:

There is a Company which is carrying on the Hospital. whether any one can be appointed as Director of any particular department of Hospital( i.e. Director of Skin Department) without filing of form 32.Whether only Designation of Director or Assistant Director can be given,No other powers of Board are to be given.


CA CS Anurag Biyani
20 July 2012 at 09:10

Interim dividend disapproved

Dear All

If a company declared interim dividend and pay it. But in AGM if the same is disapproved. What will be the consequences? Kindly help me with proper section of company law.
Waiting for responses

Thanks in Advance



Anonymous

Dear Experts,

Good Evening...

We are Pvt Ltd company, asper our balance sheet as on 31-3-2011 FY(2010-11),
we have Authorised Share Capital Rs.10Cr Issued share capital Rs.9.01Cr
Share application money Rs.10.62Cr,
My Query 1) whether amount wise issued share capital vs share application money is right or wrong.

If wrong, what we have to do to rectify the same in FY 2011-12

Query 2) whether amount wise authorised share capital vs share application money is right or wrong.

If wrong, what we have to do to rectify the same in FY 2011-12

Can you please guide me

With regards
R Saravanan



Anonymous
19 July 2012 at 17:42

Form 23 b

Kindly let me know.. is there any fees charge for filling form 23B on MCA website?



Anonymous
19 July 2012 at 16:45

Section 297

my Company is willing to purchase the land from its director will it attract section 297 ?? Is it necessary to get the approval of the shareholders for such contract



Anonymous
19 July 2012 at 16:40

Disclosures in a directors report

Hi,

1. Can any one please tell me that What points to be disclose in the Directors report with respect to a particular financial year.

2. Is Directors report relates up to 31st March only or upto the date of signing of report?

3. Also if any addition or deletion made with respect to directors after the financial year ends, would this point be disclosed in the Directors report?

4. Under which Section of Companies Act, 1956 it relates, and Can any one Director sign Directors report?


Deepak Agarwal

Dear all,

Could anyone provide me with procedure for change in registered office of the company from one state to another, the company being listed on stock exchange.

Regards
Deepak Agarwal


Sameer C. Patil
19 July 2012 at 16:02

Schedule vi

Hello everybody,


Can anyone confirm whether it is optional, in case of private limited companies, to furnish Balance-sheet Abstract & General Business Profile as per Part IV of old Schedule VI?

Thanking you in anticipation.

Sameer



Anonymous

Dear sir

A private ltd co is going into collaboration with another pvt ltd co. having its 50% shareholding. Can anybody tell me what are the formalities to be fullfilled in ROC and others for this collaboration.






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