Anonymous
16 December 2010 at 17:08

Effectiveness of Special Resolution

When does decisions taken in General Meeting becomes applicable?

Is it the date on which the special resolution is passed?

Or

Is the date of filing the special resolution with RoC?

Please specify relevant case laws and section.



Anonymous
16 December 2010 at 16:51

20B

Can I file 20B before filing 23AC for a particular year.

rgds,



Anonymous
16 December 2010 at 16:31

Appointment of Director

After appointment of an Additional Director in the Board meeting of a listed company, is it required to submit profile of the director separately to the Stock Exchange? Intimation of Board meeting and outcome of board meeting have been filed properly. plz advise,
Regds,


pratik m bhatt
16 December 2010 at 16:22

Din Number

does a din number have a expiry date????please reply


udit sharma

In case of a Private Company which is a subsidiary of a Public Company, a person was appointed in the General Meeting of the Company as a Director of the Company libale to retire by rotation. Now, the Company has ceased to be a subisidiary of a Public Company and has regained the status of an Independent Private Company. So, whether the Director appointed to retire by rotation is liable to retire by rotation at the AGM of the Company?

In case of an appointment of a Director at the GM of the Company, is it neccesary to mention in the resolution that he is appointed as Director of the Company liable to reire by rotation???? If this is not mentioned, is there any violation of any section of the Companies Act, 1956?????

God Bless

Udit Sharma


vishwas gajanan chandhaikar

Dear All,

We have incorporated a private limited company on 26th August 2010.
Can we convert this company in to public limited company?
If yes then Please tell me procedure.


udit sharma
16 December 2010 at 14:16

Section 299 read with section 297

Hi...

My query is .....

Suppose there is a Company say A Ltd. having 3 Directors namely, Mr. A, Mr. B and Mr.C. Now, Mr.B is also a Director in B Pvt.Ltd.

Now, A Ltd. proposes to enter into a contract with B Pvt. Ltd. for purchase of goods. Pursuant to the provisions of section 297 of the Companies Act, 1956 previous consent of the Board of Directors has to be obtained.

On the Board Meeting held on 27.04.2010, the said proposal is placed before the Board for obtaining the consent of the Directors.

Now, My Query is as per section 300 of the Companies Act, 1956 an interested Director shall not participate in the discussion nor shall be entitled to vote on the resolution for approving the contract and neither shall be counted for the purpose of determining a requisite quorum, so ......

(a) If Mr. B is only a Director in B Pvt. Ltd. and is not holding any shares of the said company, can he be considered as interested in the said contract? Will he be entitled to vote on the reolution to be passed for approving the contract with B Pvt. Ltd.?????

(b) Does merely being a Director of B Pvt. Ltd. will bring him under the ambit of the term 'Interested Director' and by virtue of this his presence shall not be coounted for the purpose of forming a quorum?????

In my opinion, only if Mr. B is holding more than 2% of the paid up capital of B Pvt. Ltd., he will be considered as 'Interested Director'.

Request to eminent experts to please throw some light on my query?????? Please.....

God Bless

Udit Sharma



Anonymous

As Per Gratuity Act.After Completion of 5 Years it is Responsibility of Employer to Give Gratuity to there Employee if They Resign/Leave/Terminate that is compulsory/additional Benefit of Employee for there long term Service.
But Some Company Deduct Gratuity from employee Salary & Show it is Part of C.T.C.
So,Is it legal and if Where it is Defined.
Because Legally if Employee Leave/Terminate Service Before 5 year a company not liable to pay Gratuity.
Whet Will Do If it is Illegal?
If Legal then any benefit for employee when resign/terminate before 5 year.
Or any other Benefits for deduction Gratuity from employee salary.

Please Advise.


Amit Kumar
16 December 2010 at 13:50

Signing of ROC Form 8

Hi All,
My company has taken a term loan from a bank, now form 8 is to be filed for creation of charge. Loan documents have been executed by two of our company directors jointly. Please let me know that affixing digital signature of only one of the directors is sufficient or not?


sandeep
16 December 2010 at 12:36

loan to director relative

can pvt. ltd. co. give loan and advances to relative of director ?

in our co. ,director having more than 10% share capital of the co.loan granting to relative, who is not shareholer of the co, @10% int. for his personal purpose.no any single rupee or any indirect benefit will trf to director.

will it come under deemed dividend U/s 2(22)(e) of IT act ?






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