what is procedure for appointment of director in AGM of pvt ltd company?

It is a pvt limited company and section 139(2) applicable ( borowing exceed Rs. 50 crores) on 01.04.2014 ( ie the provision from enactment of companies act 2013. I know section 139(2) will be applicable when subsequently the condition(s) satisfied by pvt limited company.

My query is subsequently the company fall below paid up capital ie Rs. 20 crores (present limit Rs. 50 crores) or turnover below Rs. 50 crores, say year ended 31.03.2017 (ie the end of transaction period) , how we make auditor appointment whether according to section 139(2) or 139(1).

My second query is if 139(1) applicable, whether retiring auditor is eligible for reappoin ment? ,

if eligible whether for 2 years (ie the balance period from the act 2013 applicable) or fresh period of five years.

Adv. thanks for valuable guidence

that remuneration given to director of private company is covered under section 188 of companies act 2013. that for the same annexure AOC-2 is applicable with board report

Dear Sir/ Madam,

we have filled Aoc- 4 . But some i have saw some mistake after the filled.
We can revised or cancel Aoc-4 or not. Please suggest.

Dear members,

For the purpose of audit requirement under LLP, whether 25 llacs limit of capital contribution includes Current capital account of partners ?


Thanks

Ca. Shivam Poddar

+91 9899898748
cashivampoddar@gmail.com

Sir,

What is the procedure for regularising aditional director at AGM, in a private limited company ?

WE ARE PURCHASED ONE LAPTOP .
FOLLOWING ARE INVOICE DETAILS

LAP TOP 39238
RAM 3136
CARRY CASE 782
COOLING PAD FOR LAP TOP 424
FINAL INVOICE AMOUNT 51500

CAN WE CAPITALIZE WHOLE INVOICE AMOUNT I.E 51500

OR CAPITALIZE PURE LAPTOP COST 39238 & OTHER AMOUNT DEBITED
TO PROFIT & LOSS A/C

PLEASE GUIDE US

THANKING YOU
RAJKUMAR GUTTI

The exemption notification permitting private companies for granting loans, subject to the conditions is as follows:
a) No other body corporate shareholder in the lending company;
(b) if the borrowings of such a company from banks or financial institutions or anybody corporate is less than twice of its paid-up share capital or fifty crore rupees, whichever is lower and
(c) Such a company has no default in repayment of such borrowings subsisting at the time of making transactions
Query :
The condition of borrowings less than twice of paid up share capital or fifty crore rupees, whichever is lower – does this condition to be fulfilled only at that time of making such transaction (read along with condition no. (c)) or does the time limit for condition (b) should be satisfied during any point of time until such borrowings clear to avail the exemption granted to private companies

if ADT-1 was wrongly file the date of appointment of auditor was not correct & other attachment contains wrong date. what can do???????? please help............

My query is that apart form the documents which is required to sign under Companies act , is it optional to mention the DIN on other documents submitted to Bankers and BMC ?

i have gone through the below para. But need the clarity on it .

DIN to be mentioned with Director’s Signature compulsorily wef 01.04.2014

DIN to be mentioned with Director’s Signature (Section 158)
Now, Director’s name & DIN (Director Identification Number) has to be mentioned with their signature on all the documents to be signed in the capacity of director.
PENALTY: – Company and every officer of the company who is in default or such other person shall be punishable with fine which may extend to Rs. 10,000/- and where the contravention is continuing one, with a further fine which may extend to Rs. 1,000/- for every day after the first during which the contravention continues.
IMMEDIATE ACTIONS TO BE TAKEN:-
One should ensure that DIN is written, wherever he is signing as Director of the Company.
During our practice we observed that Directors are not mentioning DIN even on Papers, Returns, Balance Sheet, Annual Return etc. they are filing with ROC, CLB or Regional Director while One should ensure that DIN is written, wherever he is signing as Director of the Company.
EXTRACT OF SECTION 158 OF THE COMPANIES ACT, 2013
Section 158 – Obligation to indicate Director Identification Number
Every person or company, while furnishing any return, information or particulars as are required to be furnished under this Act, shall mention the Director Identification Number in such return, information or particulars in case such return, information or particulars relate to the director or contain any reference of any director.
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DIN with Director’s Signature w.e.f. 1st April ’14 – Mandatory
October 9, 2014
Now, Director’s name & DIN (Director Identification Number) has to be mentioned with their signature on all the documents to be signed in the capacity of director.
PENALTY: –
Company and every officer of the company who is in default or such other person shall be punishable with fine which may extend to Rs. 10,000/- and where the contravention is continuing one, with a further fine which may extend to Rs. 1,000/- for every day after the first during which the contravention continues.
IMMEDIATE ACTIONS TO BE TAKEN
One should ensure that DIN is written, wherever he is signing as Director of the Company.
Sec.158 of Companies Act 2013 (effective from 1.4.2014) which is corresponding to Sec.266F of CA 1956 reads as under: “Every person or company, while furnishing any return, information or particulars as are required to be furnished under this Act, shall mention the Director Identification Number in such return, information or particulars in case such return, information or particulars relate to the director or contain any reference of any director.” Hence we will have to mention DIN with the names of director’s at all applicable places e.g. various returns, registers, minutes, annual report, letters to ROC, all documents to be filed with ROC, petitions to be filed with CLB/RD etc.
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Other supporting :

Rule 7 of Chapter 24 i.e. The Companies (Registration Offices and Fees) Rules, 2014 also states as follow: "Provided also that any correspondences (physically or electronically) and documents to be filed by any person shall contain name, designation, address, membership number or Director Identification Number, as the case may be, of the person signing such document and make sure correctness thereof and in no case, correspondence, merely with signature and writing authorised signatory shall be acceptable."