Kamna Tiwari
04 November 2011 at 12:13

Section 2741(g)

Dear Sir,
My query relates to default under section 274 1(g).

Suppose XYZ Ltd has not filed its annual accounts and annual returns from the year 2004 - 2005 to till date i.e. 2010-2011. Three directors were appointed as Additional Director on 02.07.2007 and the already existing directors resigned on 02.07.2007. i.e. to say on 02.07.2007 the Board of Directors of XYZ ltd comprised of three Additional directors. AGM of the company for the year 2006-07 was on 29.09.2007.


on 29.11.2007 all the 3 directors stand as disqualified u/s 274 1g.
The Company plans to complete its annual filing now. So my question is from what date will the default of 5 years begin?


The section reads as "such person shall not be eligible to be appointed as a director of any other public company for a period of five years from the date on which such public company, in which he is a director, failed to file annual accounts and annual returns under sub-clause (a) or has failed to repay its deposit or interest or redeem its debentures on due date or pay dividend referred to in clause (b).

Will their default begin from 29.11.2007 and end on 29.11.2012
or
Will their default begin from 29.11.2010 and end on 29.11.2015
or
Will their default begin from 29.11.2004 and end on 29.11.2009


siddhi08
04 November 2011 at 11:56

Resignation of company secretary date

Dear Experts,

Pls help me out.

If in a listed co., C.S. gave resignation letter on 28th Sep., 2011. Then for filing of Form 32 should be done within 30 days from the date of resignation letter.

But Date of Resignation & Date of Relieving is different. As per the Companies rules a C.S. need to serve one notice period and the one notice period ends on 27th Oct., 2011. so which date should be considered for filing of forms without additional fee

my question is

form 32 should be file from
30 days from the date of resination letter or
30 days from the date of relieving date



Anonymous
04 November 2011 at 11:54

Resignation of company secretary

Dear Experts,

Pls help me out.

If in a listed co., C.S. gave resignation letter on 28th Sep., 2011. Then for filing of Form 32 should be done within 30 days from the date of resignation letter.

But Date of Resignation & Date of Relieving is different. As per the Companies rules a C.S. need to serve one notice period and the one notice period ends on 27th Oct., 2011. so which date should be considered for filing of forms without additional fee

my question is

form 32 should be file from
30 days from the date of resination letter or
30 days from the date of relieving date.



Anonymous
04 November 2011 at 10:11

Fast track exit mode

Thanks sir,

I have some queries related to fast track exit mode of MCA-
1. Whether we can prepare single indemnity bond for both director ?

2. Both directors not have DIN No. Whether we can use Voter ID No. intstead of it ?

3. In above company one director not have PAN No.. whether he has to get PAN.

4. Whether physical submission of affidavit and indemnity bond required ?


Shiv Raaj Ratnam
04 November 2011 at 00:44

Common seal

Can the Articles of Association of the Company provide that the Company Common Seal shall be a Hologram Sticker which can not be tampered of a Tamper-proof sticker ?

Grateful if you can enlighten on this .

Best wishes

Shiv Raaj Ratnam



Anonymous
03 November 2011 at 22:26

Alteration of moa and aoa

1. In a private company, when the First Director named in the Articles resigns and a new director is appointed, is it correct to change the AOA mentioning the new set of 2 directors ? Forms 32 for both appointment of the new directors and cessation of the First Director has been done? If it is ok to alter, what is the procedure?

2. If such alteration should not be done, is there is any reason for not doing the alteration?

3. With regard to changing the object clause of MOA, is the treatment the same - when the "other objects" find a place in the main objects clause and also when new main objects are introduced? what are the ROC formalities to be completed?



Anonymous

Dear Experts,
Please guide me on following points :

1) How may objective can be included in Clause C of Memorandum of Association of Company ?

2) The RoC told us that we should restrict it only upto 12 objective in clause C.

3) Is there any rule and regulations regarding that or this is just administrative rule of RoC.

Please guide me.
Thanking you



Anonymous
03 November 2011 at 18:10

Stamp duty on issue of share certificate

Dear all,

What is the Stamp Duty for isuuing Share Certificate? It is for a company registered in Kerala. I want to know whether there is different rates for differnt states? Also the rate applicble for a company registered in Kerala.



Anonymous
03 November 2011 at 17:11

Demerger or not??

One Public Limited Company wishes to Sale its loss making division to One of its 100 % Subsidary..

This Sale is a Demerger or what???

Is yes, then what should be the procedure followed for such demerger???

Pls help...



Anonymous

Can anyone please help me out with the procedure to change the constitution of Directors of a Private Limited Company?
I also want to know about the required documents for the same






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