hi

My company has foreign corporate as preference shareholders. we have not paid dividend on the same for 2 continuous years. In terms of sec 47 this non payment will lead to assigning of equal voting rights to the mentioned pref. shareholders.

We do not have adequate profit and also no free reserve. Request you to guide me to resolve the issue.

Thanks and regards!

Sir/ Madam,
Shares are being transferred from Director of a Private Limited Company to new additional Director of same Company. Do we require to present the Share Transfer Form SH-4 to the Registrar of Companies office for approval or stamping etc.
Please guide me .

Can we appoint a Director In EGM of a Private Company or we need to appoint him first as an additional Director

Is the following structure of LLP okay
Designated partner 3
Partner 0

Since the Act says:
Every limited liability partnership shall have at least two partners.

If at any time the number of partners of a limited liability partnership is reduced below two and the limited liability partnership carries on business for more than six months while the number is so reduced, the person, who is the only partner of the limited liability partnership during the time that it so carries on business after those six months and has the knowledge of the fact that it is carrying on business with him alone, shall be liable personally for the obligations of the limited liability partnership incurred during that period.

Hi everyone , I have uploaded SPICE-32 with eMOA & eAOA. Those forms got rejected and sent for resubmission with following remarks.
1.NOC should be provided by the owner of registered office premises as per rule 25(2)(c) of the Companies (Incorporation) Rules, 2014.
2.DIR-2 should be provided as per rule 17 of the Companies (Incorporation) Rules, 2014 and its format should be as per rule 8 of Companies (Appointment and Qualification of Directors)Rules, 2014.
3.Copy of PAN, identity proof, residence proof (electricity bill, bank statement, water bill, telephone bill) of all subscribers (not having DIN) should be attached as per rule 16(1) of the Companies (Incorporation) Rules, 2014.
4.As per General Circular No. 2/2012, dated 01.03.2012, company can carry on business of architecture, if it obtains in-principle approval from appropriate regulatory authority. Hence, take approval or remove ARCHITECTURAL/ARCHITECTURE word from the objects.
5.Names of first directors should be mentioned in AOA as per Table F of Schedule I of the Companies Act, 2013.
6.Definition of private company as per Sec. 2(68) of the Companies Act, 2013 should be mentioned in AOA.

Please advise on above and also guide me whether I have to upload only above supportings/attachments while resubmission or I have to upload SPICE -32 again ?? Thanks in advance.

Respected Learned Members,

As per Section 181 of the Companies Act, 2013, the Board may contribute to bona fide charitable and other funds provided that prior permission of the Company in a general meeting is obtained for making contributions the aggregate of which, in any financial year, exceeds five percent of the average net profits of the Company for the three immediately preceding financial years.

My query is if average net profits of the Company for the three immediately preceding financial years is NEGATIVE, whether board may contribute to bona fide charitable and other funds or loss making company can contribute to charitable fund.

Awaiting for reply

Whether DIR KYC is to be filed by a Director who has taken DIN in March 2018.

Thanks & Regards,

in case of DIR-3 Updation what should we do...?
In following cases

1-What happens for those person who have DIN but are not director in any company?
2-For foreign citizen DIN holder, how does it work?

Thanks & Regards...

A DIR-3 is filed one week before of a person having indian citizenship by supporting documents PAN Card and Adhaar Card belongs to India. While filing DIR-3 his residential Status is selected as resident. But now the fact comes to my knowledge is that he is not resident of India. Now can i rectify it by filing DIR-6 by attaching documents his foreign residential proof and ID proof duly apostile from that country?

Thanks in Advance

I am trying to incorporate a private limited company. The fact is one of the proposed director is having a Valid DIN. The SRN was rejected like this " 1. Provide declaration as per Explanation of rule 16 (1) (m) of Companies (Incorporation) Rules, 2014, that the particular provided therein (I.D Proof and Residence Proof provided at the time of applying DIN) have been updated as on the date of application and also provide PAN of all subscriber & Director whether having DIN or not Having DIN"

Now my question is
1, If i upload the ID and Residential proof of the Directer having DIN, Whether it is required to upload the declaration?
2, Whether the declaration has to be in Non Judicial Stamp paper or in plain paper.?
3. If any one can provide the Format of Declaration, request to provide that also

Thank you