Arsha N S
20 November 2017 at 14:11

Regularising aditional director

Sir,

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


Rajkumar Gutti
16 November 2017 at 17:32

Capitalization

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


gayathri
16 November 2017 at 13:10

Exemption to private companies -sec 185

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


ASHWANI
15 November 2017 at 23:01

Wrong file of adt-1

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............


hetal sangoi

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.
----------- -----------------------------------

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.
---- -----------------------

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."


Vijayalakshmi.

Hi , For Appointment of Independent Director in a unlisted Public company declaration of independence is to be filed with ROC? If so please please help for draft of the same.


CS RAJNI
13 November 2017 at 16:53

Signing of mgt-7

in my case, the subsidiary company is having puc 1 lac and turnover is also less than 10 lac. and no requirement of cs appointment but while filling the mgt-7, it demands for cs/pcs signature.so my question is can a company secretary of holding co. sign the mgt 7 of subsidiary company. or we have to go to pcs for signing


Minal
12 November 2017 at 14:44

Error in uploading din application

Please help me out on error "Use Individual Filing Service".



Anonymous
11 November 2017 at 23:36

Dispute in directors

hello all,
A private company having 5 directors. say "A" and his son "B" and "D" and his sons "E" and "F". A and D are bothers and both of them holding 50%-50% shares of the company. now the dispute arises between the two families say A and B (father and son) on one side and other family D, E and F( father and 2 sons) are on other side. My queries are as follows :-
1. Mr. A wants to add his wife say "G" as director of the company which will result in 3-3 directors of both the families in the company, but D,E and F are opposing for the same. now what should be done in this situation and whether sign of all the directors needed in resolution for adding a director????

2. Presently either of A, D or E is the authorised signatory in the bank. now D and his family wants to change the authorised signatories as :- A and either of D and E.........my question is that whether sign of all the directors needed in resolution for change in authorised signatories???

Please remember that A and D are only shareholders of the company with 50-50% share holding.

Waiting for reply

thanks in advance



Anonymous
11 November 2017 at 11:55

Din check

How to know whether valid DIN is exists in the name of a person, if he is not a director in any companies? whether the Director Master data available in the mca site includes the din number of people who are not director ?





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