Anonymous

As per Section 196(3)
No company shall appoint or continue the employment of any person as managing director, whole-time director or manager who —
(a) is below the age of twenty-one years or has attained the age of seventy years:
Provided that appointment of a person who has attained the age of seventy years may be made by passing a special resolution in which case the explanatory statement annexed to the notice for such motion shall indicate the justification for appointing such person;

So to appoint an ordinary director above the age of 70 SR is required ?


Esha Srivastav
31 May 2018 at 16:09

Company law

Can a CFO of one company hold the designation of Director(Executive/Non Executive) for another Company.


IRSHAD A

Please attach sample affidavit and declaration by first subscriber(s) and directors) under companies act 2013.
Is it in INC-9 format?? Want to be executed on Stamp paper?


IRSHAD A
31 May 2018 at 10:17

Spice form

While taking DIN on Spice form, As a Proof of identity, we have to submit Voters ID/Passport/Driving Licence. No other option on Drop down menu, Is any other proof is allowable??
Same case for Residential proof, Only Bank statement/Electricity/Telephone bill is shown, Is Aadhar or other proof allowable?


IRSHAD A

Stamp duty under Kerala Stamp Act for Company incorporation under Spice form??


ANKIT
26 May 2018 at 15:25

Additional directors

Two directors were appointed as additional directors and thereafter the other directors (who were the first directors) resigned from the post of directorship but still hold 100% shares of company. This was all done in the first year of incorporation which was FY 2013-14 and thereafter no AGM held and no annual filings have been done. As of now the company has only two additional directors, who were appointed in FY 2013-14 as per MCA records.
Further the company has not commenced any business since its commencement.
Now my queries are:
1.Who was responsible for e filing ?
2.Are additional directors disqualified as per Section 164(2) [in my opinion this is not possible because as per the provision of Section 161, additional directors shall hold office till next annual general meeting or the last date on which the annual general meeting should have been held, whichever is earlier.].
3.How to remove the name of Additional directors from MCA site.
4.How to strike off name of such company.


Your views would be very much appreciated.


Dhiraj Gupta
26 May 2018 at 13:40

Auditor appointment

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



Anonymous

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.?


CA Parul Saxena

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


Saravanan T Rajan
23 May 2018 at 22:54

Spice form

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?






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