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amol
29 June 2011 at 11:04

Loan from director

Pls Advice :

In case of Pvt Ltd ccompany-

whather a Pvt Ltd company can take loan from director in cash?


Debashis Mandal
29 June 2011 at 03:30

Form 23

Respected Experts
In case a Co whose authorised Capital is permitting to issue Redeemable Pref Shares & there is no need to incerase its authorised capital to issue such shares & also its Article is permiting the co to issue Redeemable Pref Shares as per its own discreations - now is the Resolution passed by the co to issue redeemable pref shares will be treated as a Special Resolution or Ordinary Resolution in General Meeting & is the Co. to file form 23 for intimating ROC about the said resolution
Thanks
Debashis Mandal


Dr. Sharad Garg
29 June 2011 at 00:55

EPF Query

I was appointed in an educational institution on July 2001. I have put in my papers and shall be leaving the institution in September, 2011. The first year EPF was not deducted from my salary. It started in second year i.e. from July, 2002. Accordingly I shall not be able to complete ten years of contribution to EPF a/c. If I move to an institution which does not have EPF facility, will I be eligible for Pension? If I wish to avail Pension, what can be the way out?



Anonymous
29 June 2011 at 00:50

director

hi, sir my name is praveen and i am a engg. student.i m also doing job but my consultant cheat me he took my signature on some docuement and my pan card copy to register a new company and somebody told me about that you are the director of that company and he is doing unauthorize work.

i have the cin and serial number of that company what can i do in this matter

pls send on my mail id
praveenkashyao07@gmail.com


Muralidharan
28 June 2011 at 22:28

Clarification on Section 314(1B)

28th June 2011

Dear Members

Preamble of the Issue

Mr.X is a Director of the Company XYZ Private Limited
Mr.Y is a relative of Mr.X

Mr.Y who is a relative of Mr.X (Director of the Company) is being engaged as a consultant on a monthly payment of Rs.50000/-. The provisions of Section 314(1B) is attracted for the above said appointment of Mr.Y as consultant. In my opinion this requires the following approval:

(1) Board of Directors prior approval.
(2) PRIOR approval of the Members of the Company by way of Special Resolution [Section 314(1B)]
(Note : Central Govt. approval is not required since the payment does not cross Rs.50000/-)

My interpretation of Section 314 is as follows:

(1) Monthly Remuneration upto Rs.9,999/- Prior Board approval

(2) Monthly Remuneration from Rs.10,000/- to Rs.19,999/- Prior Board Approval and Members approval at the next General Meeting

(3) Monthly Remuneration from Rs.20,000/- to Rs.50,000/- Prior approval of the Board and Prior approval of the Members

(4) Monthly Remuneration over and above Rs.50,000 - Prior approval of Board, Prior approval of the Members and Central Government.

The above appointment falls under Point No.3 of my interpretation. Kindly advise in this regard.

with regards

Murali



Anonymous
28 June 2011 at 21:03

whole time Company Secretary

I am a person who has passed CS final examination in Dec 2008. But i have not taken membership with ICSI. Whether i can be appointed as a whole time Company Secretary? As i understood its impossible, whether there is any loophole?


ACS Tanushree Trivedi
28 June 2011 at 17:30

remuneration committee

Dear experts,

My query is in case of public limited company --

* is there any minimum capital requirements to form remuneration committee or it can only be formed in case of inadequate profits under schedule XIII of the act?

* If paid up capital is 3 crore is it required to form the remuneration committee?

* can company create remuneration committee willingly or without such requirements.

Please clarify?


vijay m r
28 June 2011 at 16:37

Regarding Additional Director

In a Public Company A is appointed as a Additional Director on 9/10/2009,( Provided that such additional directors shall hold office only up to the date of the next annual general meeting of the company). On Next AGM 30/09/2010 he retires. Again on 26/10/2010 he reappointed as a Additional director.

1. As per above details Company is required to file Form 32 intimation for ROC about is retirement.
2. And is again reappointment as a Additional Director.

Is it necessary to file 2 Form 32 for his retirement and reappointment as a additional director.


Rishav Saraf

Hello all,
Please help me regarding the following:

i) Can a director disqaulified under sec 274(1)(g) be appointed/reappointed as director in a private company?

Thanking you in advance....


Debashis Mandal

Respected Experts
A co is going to issue its Redeemable Pref Shares on Private Placement basis, Therefore is there any limit of payments of Commission to the agents of the Co - under Companies act or under SEBI or under any other act
Thanks
Debashis Mandal






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