Dear Sir, Please tell me wheather additional director can be appointed by the co in general meeting? There is contradictory views in practice manual of Icai & Jayraman Sir notes. As per Jayraman Sir Notes, additional director can be appointed in gm if authorised by articles. whereas icai has opposite view. which is correct view? & in exam what should i do? please guide me in this matter. thanks in advance.

Respected Learned Members,

As per Section 152 of the Companies Act, 2013 Save as otherwise expressly provided in this Act, every director shall be appointed by the company in general meeting

Articles of Association contain power as under:

"The Board of Directors shall have power at any time, and from time to time, to appoint any other person to be a Director either as an addition to the Board or to fill a casual vacancy but so that the total number of Directors shall not at any time exceed the maximum as fixed hereinafter. Any person so appointed as an addition to the Board shall hold office only up to the date of the next Annual General Meeting"

My query is whether company can appoint director in general meeting even Articles of Association contain aforesaid provision.

Thanking you in anticipation.

Hi
1. Xyz private limited have shareholding of ABC Limited listed (75%) company and PQR private limited company(25%).
2. Xyz private limited is running into losses.
3. ABC Limited and PQR limited transferred 100% shareholding to a new Company Ganga Private Limited.
4. Ganga Private Limited is even not paying liabilities and behaving badly with vendors and asking vendors to go to court to get money.
5. ABC Limited and PQR Pvt. Limited saying we were just shareholders in XYZ and not responsible for anything now as we have filed papers with ROC.

Now if looks like a fraud. I need your help in this. How to proceed and recover money.
It looks like Ganga Pvt. Limited will shut down operations in a month and they will not pay liabilities.
Is it allowed that Directors withdraw huge salaries and later sell company to a Rickshaw puller and don't pay liabilities. Please tell me what actions can be taken. Someone told me to report to Fraud investigation unit of government.

Please help its extremely urgent.

Suppose in Limited closely held company share application money is more than paid up share capital since from last so many years due to the reason that the company stopped its business since from last so many years and making statutory compliance like audit and submitting ROC and IT Returns regularly. The holders of Share Application Money are share holders of the company and company is not in a position to return share application money and on the other hand holders of share application money are demanding shares of the company and not their money.

The Directors wanted to write off share application money by issuing shares as per demand of holders of share application money.

Please explain the procedures as per law and suggest your expert opinion.

Is there any restriction under the Company Act of 2013 that CSR expenditures (2% of the average net profit of the last three financial years) be incurred within one financial year?

HI, I NEED UR ADVISE ON A PRIVATE LIMITED COMPANY WHOSE RETURNS OF LAST 10-12 YRS i.e. since incorporation ARE NOT FILED YET. THE COMPANY WAS GONE DORMANT IN BETWEEN BUT AFTER FILING THE REQUISITE FORM ITS ACTIVE AGAIN AS ON 08.08.2017. SO MY QUERY IS WHETHER THE FORMS TO BE FILED WOULD BE FORM 23AC,23ACA, 20B, 23B OR IT WILL BE THE LATEST FORMS LIKE AOC 4 AND MGT 7, WHICH IS UPDATED AS PER COMPANIES ACT, 2013. IS THERE ANY SPECIAL REQUIREMENT OR FORM WHICH I HAVE TO TAKE CARE OR FORM TO BE FILED...
ALSO I NEED ADVICE ON SUCH MATTER THAT I WANT TO REMOVE AN ADDITIONAL DIRECTOR BUT HE REFUSES TO RESIGN FROM DIRECTORSHIP SO WHETHER AN ADDITIONAL DIRECTOR COULD BE REMOVED WITHOUT HIS CONSENT. WHATS THE PROCEDURE. PLEASE ADVISE

DEAR EXPERTS..

I WOULD LIKE TO KNOW THAT WHEN WE FILE FORM 1 FOR FORMATION OF THE LLP TO AVAIL NAME IT SAYS THAT THE ACTIVITY IS FALLING UNDER NBFC AND WE NEED TO PROVIDE RBI IN PRINCIPAL APPROVAL FOR FILING FORM 2 FURTHER.

HOW THE IN PRINCIPAL APPROVAL OF THE RBI CAN BE OBTAINED AS THE FINAL APPROVAL/REGISTRATION WITH RBI FOR NBFC CAN BE OBTAINED ONLY AFTER INCORPORATION OF THE COMPANY/LLP.

ALSO IT SAYS TO HAVE NOF OF 2.00 CRORE IN THE LATEST AUDITED BALANCE SHEET. DOES IT MEAN THAT IT IS NOT NECESSARY TO HAVE CAPITAL OF 2.00 CRORE AT THE TIME OF FILING OF THE FORMS AND INCORPORATION?

PLS ADVISE AS SOON AS POSSIBLE
THANKS IN ADVANCE

please, send attachments for voluntary appointment of MD/WTD in pvt ltd company or Filed DIR-12 for reference.
npraofca@yahoo.com

Dear Experts,
one company was not made its balance sheet of march 2016 and now auditor has resign in march 2017.
Can new auditor sign balance sheet of march 2016 on April 2017.

Is delay in getting audit, will attract any penalty.

authorities who can issue solvency certificate?