vishal
12 January 2011 at 12:23

corporate law query

For the change of registered office from Kolkata to Mumbai

1.Can the EGM be held at Mumbai even though the registered office of the company which is going to be shifted is in Kolkata(Kolkata ROC)

2.Company has recieved an old certificate from one of its share holder for which the new one has been given in exchange.
Till what period will the company be required to maintain the old certificate in its records?

Kindly help me to solve this query.



Anonymous
12 January 2011 at 11:36

employee state insurance

Respected Expert Person,

I would like to know that in e-filing form 23ACA whether emplyoee state insurance expenses under respective scheme show in profit & loss Account are include in the insurance cell show in 23ACA or not. if yes/no Why? reply soon



Anonymous

Can any one tell me difference between Private placement and preferntial allotment??????????????



Anonymous
12 January 2011 at 09:44

Sec 314(1)

As per sce314(1) if the following persons are appointed at an office or place of profit
then special resolution will be passed.

A firm in which a director or relative of the director is a partner.

A private company in which a director of the company is a director or member.

But how a firm or pvt ltd company will held the office or place of profit?



Anonymous

While reading the AOA I found the following:

"The three Directors mentioned hereinabove in Article 31 (a) shall be
permanent Directors and shall remain Directors for life or until they
voluntarily resign their office."

With this statement in AOA, still can one of the Director be removed from directorship. Does Section 284 or any other section of company law overrules
whatever is mentioned in AOA.

Pl advise.



Anonymous
12 January 2011 at 00:35

Director removal of pvt ltd co

We r three directors in our pvt ltd firm. I would like to if my AOA says that all three directors are directors for life and their directorship ceases only if they resign, can anyone remove me under any section of company law or can the majority of directors remove any one director of the company.



Anonymous
11 January 2011 at 21:56

Easy Exit Scheme

Company having losses on one side and unsecured loans from Directors & equity capital on other side, can apply as defunct company under EES 2011. All other eligibility criteria are fulfilled.


Milap Sunilbhai Kundalia

My client is having a private limited company formed as on 7th March, 2003. Assessee has filed all the required documents, returns etc time to time till A.Y. 2005 - 2006. Thenafter company has not done any business activity and not filed any returns and rquried documents. One of the two directors was died as on 11th November, 2009. Assessee has not informed this fact to the Registrar of Companies within 30 Days from the date of death.

After studying provisions I came to know that first of all company has to file death certificate and also required to file Form No. 32 for the replacement of deceased director. After filing these documents with ROC, company can be liquidated under EES, 2011.

Am i rite on this fact? and tell me the other procedure to be followed for liquidation under EES, 2011.


Alok
11 January 2011 at 20:27

Increase of share capital

Hi,
Can a director increase his paid-up share capital without of Board of director resolution or written consent from other directors, assuming that there are only two directors in a pvt ltd company.

Thanks
Alok


Alok
11 January 2011 at 20:00

Subscriber to share application money

Hi,
Can the subscriber of share application money be counted as the shareholder in the pvt ltd company.

Thanks
Alok






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