Anonymous

can any one provide me Main Division of industrial activity of the Jewellery Manufacturing company to be filled in Form 1 at the time of registration


udit sharma
13 November 2010 at 09:31

Section 372A

Hi....

In reckoning the prescribed limits under section 372A of the Companies Act, 1956 whether the paid up capital and free reserves as they stand at the end of the previous financial year in the Audited Balance sheet should be considered or the amount standing to the credit of the Paid up capital and free reserves on the date on which the proposal to make loan/ give gaurantee/ make investment is considered by the Board????? Please clarify.....


C.A. LINESH PATIL
13 November 2010 at 07:52

Section 299

1.If a company making a contract with another company for purchase and one of director hold 1% & his wife 2% share in another company.
so whether as per section 299 director is interested and need to disclose his interest.

2.what is the scope of term "arrangement" under section.

Thanks in advance


Pradnya Manohar Madhavi
12 November 2010 at 18:32

Interest on Advances

X Ltd. is the builders & Developers collects advances from customers against the flats booked by customers.
Now X Ltd decided to pay simple interest on advances received from customers.

for example Mr.A makes advance payment of Rs. 10 lakh with X Ltd on 1st Oct 2010 in project of X Ltd.then demand raised by X Ltd of Rs. 1 lakh on 15th Oct 2010.Then on 15th Oct X Ltd. will pay to Mr.A Interest for 14 days on 10 lakh.

What are the implications of the transaction under Comapnies Act & Income TAx Act i.e is there any restriction on such transaction?


udit sharma
12 November 2010 at 17:04

Form 8 - Modification of charge

Hi....

We are in the process of filing form 8 for modification of charge.

Suppose,

1. Our Company has availed a Term Loan of Rs. 120 Crores from Punjab National Bank and created first pari passu charge on movable fixed assets by deed of hypothecation dated 30.06.2009.

2. Now, we have executed a Joint Deed of Hypothecation dated 25.10.2010 for creating second pari passu charge on movable fixed assets in favour of the Working Capital Lenders and for creating second pari passu charge on Current Assets in favour of the Term Lenders.

3. We are in the process of filing Form 8 for modification of charge created in favour of PNB as mentioned in point 1 above. the details of the modification will be like the Term Loan of Rs. 120 Crores is now further secured by way of second pari passu charge on the Current Assets of the Borrower.

4. If we notice the statement mentioned in bold fonts after Point 4 in Form 8, it is mentioned that in case of modification, the particulars should be mentioned as they stand adter the modification.

5. Now, my query is that in Point 6 of the Form 8 for modification whether we should select only the Book debts or both Book debts and movable property(not being pledge)?????

6. In my opinion, both the options should be selected because after the modification, the Term Loan of PNB will be secured by first pari passu charge on movable fixed assets and second pasi passu charge on the Current Assets but my cs is of the opinion that only book debts should be selected......kindly help in this matter as this is very much urgent!!!!!

Views of eminent experts are welcome please ........

Best Regards

Udit S. Sharma


Priya Sharma
12 November 2010 at 15:41

Director's Remuneration

Dear Expert

Please throw light on entire provisions of Directors remuneration.

If a wholetime managing director is appointed in a private company, then what all provisions should I go through?

Regards
Priya Sharma


udit sharma
12 November 2010 at 13:14

Alternate Director

Hi....

As per section 313 of the Companies Act, 1956 the board of Directors if authorised by the AOA or by a resolution passed by the members in the General Meeting can appoint a person as an Alternate Director to a Director who will not be available in the State where the Board Meetings are ordianrily held for a period of not less than 3 months.

Now, my question is which place is to be considered as the state where the Board Meetings are ordianrily held?

Now, suppose in case of A Ltd.,Whose registered office is situated in the state of Gujarat - 2 BM are held in the state of Maharashtra and 2 BM are held in the state of Rajasthan - in this case whicc will be the state we can say is the state where the BM are ordinarily held????? kindly clarify......


RAJASHEKHAR.S.A
12 November 2010 at 12:29

AGM and Roc Filing

if a company windup in the current year. does the company need to have AGM and file the Roc for the previouse year. if it has to do AGM what will be the ordinary & special business to be discussed in that AGM


RAJASHEKHAR.S.A
12 November 2010 at 08:14

Form 17

While resubmitting form 17 there is a mistake happen that we uploaded the previous from 17 which was rejected earlier. What we can do in this situation. can we see the uploaded form. is there any option that we can resubmit the corrected form now.


CHANDRA PRAKASH AGRAWAL
11 November 2010 at 20:54

Board meeting

Can the First Board meeting of a Private Limited Company be held on the Incorporation date??






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