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sandeep
07 September 2010 at 22:34

AGM

If a pvt ltd has 3 directors and same members in which 2 are foreigners

if 2 foreign directors appoint proxy for AGM is quorum formed?


SANTHOSH KUMAR P
07 September 2010 at 20:55

Floation of a company

Dear Friends
I would like to introduce myself as a CA Final student
An Indian citizen residing abroad in collaboration with a foreign entity wants to float a company in India. The foreign entity will be holding about 60-80% shares in the new company and the entire work of the new Indian company will be provided by the foreign entity based at Italy. The proprietor of the foreign entity will be one director and the other director will be based at India and he will be the second director who shall look after the affairs of the new company. The company does not want to take any work from India. The entire work supplied by Italian entity will be in the nature of an outsourcing activity. The proposed capital investment is about Rs.5 Lakhs. Now the queries are as under:
1. What is the procedure and the documents required by the foreign national for taking the DIN.
2. Whether any other additional formalities are requeried for formation of the company as there is a foreign national.
3. What is the procedure for bringing in the share capital of the foreign entity. What are the legal compliances under the FEMA, RBI and other enactment requirements in this regard.
4. What is taxation aspect of this combination. I think that this will be treated as Non Resident Company since the control and management is partly outside India.
5. Where the company is receiving its entire income from Italy, whether the same will be taxable in India. If the Italian entity pays any service/outsourcing charges to Indian company, whether the same will be taxable in India.
6. Whether the company is bound take the IEC No.
7. The number of directors is two; one Italian and the other Indian Citizen. Whether any modification in this part will be beneficial to the company.
Learned members views/suggestions are solicited
Thanks in advance
Santhosh Kumar P


Hardik Varu
07 September 2010 at 17:20

Share Application Money

How long can the share application money be kept unalotted by a private limited company???


RAHUL LOHIYA
07 September 2010 at 15:45

conversion of loan into equity capital.

please resolved the below mentioned query.

A pvt company is having equity share capital of 100,000/- Rs. at the beginning of the F.y & 500,000/- Rs. as an unsecured loan from the directors. During the year company increases the paid capital to 20,00,000/- Rs. in which 500000/- Rs. of unsecured Loan is Converted into Equity share Capital.
whether the following conversion will attract the provision of 269T Of Income Tax Act.
Please also specify whether any separate disclosure is required under companies act.
if possible along with the format.

Waiting for your Thankful Comments.


Sneha
07 September 2010 at 15:24

Sale of property

A listed company wants to sell an immovable property (land). Is shareholders approval required for the same? Or is it enough to get the board approval and execute the transfer?

Regards.



Anonymous
07 September 2010 at 15:24

Corporate laws

Please let me know whether Reserve Bank of India has any provisions applicable for the deposits accepted u/s 58A of the Companies Act. i.e. a non banking non financial company or industrial company engaged in manufacturing activity.



Anonymous
07 September 2010 at 15:20

Corporate laws

Please let me know whether Reserve Bank of India has any provisions applicable for the deposits accepted u/s 58A of the Companies Act. i.e. a non banking non financial company or industrial company engaged in manufacturing activity.



Anonymous

Dear sir/madam,

I want to know that if i want to change the designation of Director to Managing Director in public company. What the way i should follow up? secondly if want to give its effect from the back date not the current i.e if paid up capital crossed the limit of Rs. 5 crore ( as per sec 269) from the date of 29/09/2007, then what all forms & procedure we have to follow. is it neccessary to make the amendment in articles if the articl s also show the position as Director. Any petition is reuires or form 23 & 32 by giving effcet from back date will work out. PLz clarify the matter.


Dev
07 September 2010 at 14:04

Creation of Charge Form 8

Which Comapanies are required to register a charge by filing form? Are only foreign Companies are required to register a charge in view of Section 600 of the Companies Act 1956? Clarification required.


manoj kushwaha
07 September 2010 at 11:29

Din form

dear sir
my query is that without joining to any company As Director can i take DIN form-1






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