A private co. incorporated in oct 2015.
the co didnot filed any thing to any department yet.
i want to ask that what is the procedure to appoint auditor of the company as the first auditor whose named mentioned in MOA has surrendered the COP.
Which forms to be filled and wat are the penalties to be paid.
The co has not filled ITR also.
What are the complete formalities to be done in this case.

I'll be very thankful to the experts.
Thanks & Regards
Dhiraj Gupta

In case of conversation of pvt. Co. Into public co. Or vice versa , articles and memorandum ( name clause) is altered.? So mgt -14 for alterat in articles is fo b filed within 15 days and that for.moa within 30 days .
SO IT MEANS THAT TWO SEPARATE MGT-14 IS FILED TO GIVE EFFECT TO THE CONVERSION.?

Please elaborate the provision if any regarding whether a corporate can give loan to another corporate?

Dear sir,I have filed SPICe Form, but my bad luck they have rejected my form two more times, now my question is whether can I claim refund from MCA which I paid of Rs 80k at time of filling If yes please tell me what is procedure?

Hi,
If one Pvt ltd. has Authorised and Issued capital of Rs. 5,00,000. Now one director want to issue 1% preference to other person out of his shares. Is it possible in Companies Act, 2013 as company has only one class shares and not have any unissued share capital.
what is procedure and what is best way in this scenario.

Thanks

As per companies act , allotment has to be made pursuant to private placement by the co. , within 60 days of receipt of application money..so what is we receive application money on different dates?

Dear Experts,

Can a company accept cash in lieu of the shares issued to the subscribers of memorandum ?

Scenario:
Company A (India) Ltd. is held by Company A (US) Ltd.
Company B (India) Ltd. is held by Company B (US) Ltd.
Both Company A (US) Ltd. and Company B (US) Ltd. are under the same management.
Company A (India) Ltd. is bigger in size and operations as compared to Company B (India) Ltd.
Management wants to merge both Indian companies in due course, and hence exploring various options considering Indian compliance / approval requirements. As a part of this, they are expecting minimum complication / compliance / approval requirements, as well as easy funds transfer to close the deal with US counterparts.
Options considered:
(1) Company A (India) Ltd. will merge with Company B (India) Ltd. As a part of this, after obtaining necessary approvals from MCA/CLB, share transfer will happen from A (US) to B (India) at a pre-defined consideration. This is expected to happen based on valuation of the entity, which will involve a very long and cumbersome process of going through required approvals etc.
(2) Company A (India) Ltd. will merge with Company B (India) Ltd. but not by taking above route, but some different route as follows:
a. B (India) will raise money by issuance of NCDs to B (US)
b. B (India) will utilise that money to buy shares of A (India) from A (US) at fair valuation of shares.
c. Thus, B (India) will become shareholder of majority of shares of A (India).
d. Once this is done, B (India) and A (India) merger process can be started in due course.
e. Once both the companies are merged, surplus money of A (India) will eventually become money of the merged company B (India), and that money can be utilised to repay the amount to square off NCDs.
This process will comparatively be less cumbersome with minimum approvals, and thus, will become faster process.

Questions:
(a) Whether both the options above are in line with Indian regulations?
(b) The management prefers to adopt option 2. Do you think that they are right in determining that this option will be faster at the same time complying with all statutory requirements?
(c) Do you have any better options that can be considered to meet the objective of the management?

Can a Pvt ltd company raise a loan from director's relative if yes then is there any limit?

Hello Expert

Private company taken unsecured loan from director and relative of director by passing Board Resolution in Second Board Meeting .
Now company plan to convert such loan into equity.

can company eligible to pass special resolution in General Meeting in respect of above loan.