Sachin Kumar

Our Company ABC Private Limited is struck off company and petition for revival under section 252 of Companies act,2013 is pending before NCLT. Time limit for CODS, 2018 has passed. Even if company is revived by NCLT then also directors will remain disqualified or disqualification will remove if company is revived by NCLT .....? NCLT has a power to revive company. Does NCLT has a power to remove disqualification and order activation of DIN ......? Does directors have to file writ petition before High Court for removing disqualification after revival of company by NCLT ...? How DIN will be activated..?



Anonymous

All Directors of a company disqualified 4 / 5 years under sec 164 (2) (a) for not filing of returns with ROC. After about 3-4 years, they are again disqualified before the completion of the disqualification period.
1. how the directors of the company file the returns or the returns filed by the directors will be valid?
2. how the disqualification of directors be removed?
3. what if any of the director joins the board of directors of any other company?
4. can a disqualified director files DIR-11, his resignation will be valid, as the there is no board to accept the resignation and to file the DIR-12. and after filing DIR-11, will he be reclassified as qualified to become a director of a company.
5. all the above 4 questions in case of a company struck off by the MCA.

please advise.



Anonymous
01 May 2018 at 01:16

Closure of llp

Hi Experts,

I have Incorporated an LLP in 2012. Till now I have done all the annual filling for that LLP. but due to some reasons We have decided to close the LLP.
Now, we got to know that CA who has Incorporated our LLP has not filed Form 4 at the time of incorporation.

I really tensed situation, can any one help me to get a way out of it?



Anonymous
30 April 2018 at 15:23

Board resolution

We are a partnership firm. We had filed a suit for recovery of money. But at the time of filing the written statement (18 years back), the respondent did not submitted the Board Resolution. Nor was done for the appointment of Lawyer. But our lawyer ignored it. And at the time of Cross examination (4 years back), Company,s representative when asked about the resolution, he replied that it is Companys office and he will submit it soon. But in next 4 years nothing happened.

Then, few months back my new lawyer raised these points under additional points and the Judge accepted it. But he asked the respondent to submit resolutions. Can he accept these after so many years. If non acceptance of docs or any other technical mistake, what benefit we will get.and under which section ?

Thanks & Reagards


Rahul Lavane
29 April 2018 at 11:27

Application for din

Dear sir

Our company want to appoint Mr. X as Director of the company but he has not any DIN already, so please suggest me. Whether Board resolution for Proposed director in existing company is required to attache to the form DIR -3 ?


Because Rule 9(3) (a ) of Companies (Appointment and Qualification Of Directors) Rules, 2014, says that-
(iiia) board resolution proposing his appointment as director in an existing company

Please suggest and if required, please provide me the which type of resolution format should be attached



Anonymous
28 April 2018 at 21:44

Corporate law reg

Sir,

I would like to clarify some doubt regarding Company Registration

Whether Overseas Citizen of India & a NRI can start a Pvt Ltd in India?
or
Compulsorily one Resident is required to start a Pvt Ltd?





Pawan Sehrawat
26 April 2018 at 16:38

Inc-22 filed after 530 days

Co. Incorporated in year 2015 with only correspondence address.
Now today when tried to prescrutiny Form AOC-4 an error came, kindly first register the registered address of company.

When filed Form INC 22 with back dated by more then 300 days, form status coming... Pending for approval.

Concern is, will this form ask for filing CG-1 or not. Is this form subject to compounding.

Last time when filed INC 22 in Nov 2017, it got approved instantly.


Paawan surana
26 April 2018 at 13:45

Section 8

Can a section 8 company start the business of providing gold loans or finance?
Can anyone share the latest procedure to register a section 8 company(Along with filed form if possible)


RAJA P M

Dear Experts.,

A Private limited company want a Provisional balance Sheet and Profit & Loss accounts for FY 2017-18.
The Auditor not available in local. He is going to a tour.

But, company want the details Very urgent...

My Query is...

Can any other Auditor prepare the provisional Balance Sheet and Profit & Loss Account for the Pvt ltd...?



Anonymous
25 April 2018 at 17:36

Cods

Sir,

Our company filed all documents upto 31/03/2014.Whether we have to file cods?We already filed all documents from 14-15 to 16-17 from jan 03/03/2018 onwards.I want to know whether we have to file cods as there are two opinion of one telling we should file while the other telling no need to file .Please guide me





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