CA Abhishek kapoor

is it possible to for the Private Company to carry on Business without the use of word Private Limited.

further this company does not have any public issue and its Registered in ROC as Public Company but files Income tax Return in which its status is Private Limited.

I want to know wether this company has following proper Statutory Compliance of Company law.



Anonymous
10 June 2010 at 16:57

Section 87 of the Companies Act

In section 87 of the Companies Act its mentioned that in case of cumulative preference shares if preference dividend unpaid for last 2 yrs then such preference shareholders get a voting rights in the company as like equity holders i want to know if the company is in loss so they cant able to pay preference dividend then also this section applies that they are getting voting rights in the company


Pramod Kumar
10 June 2010 at 14:58

Re:Qualification Shares



Dear Sir,

I put following points for your kind consideration and reply:

1. Whether it is necessary to hold qualification shares by a Director in a company under The Companies Act 1956? If not,

2. whether Articles can be amended to delete such provision, If it is provided by Articles to hold such qualification shares by a Director?

The issue is urgent and I soloicit your kind guidance at the earliest,

with Regards,

PRAMOD KUMAR


Surrender
10 June 2010 at 13:55

ROC-Default in Annual filing

What is the best route for escaping penal provisions of Company Laws for a defunct Pvt Ltd Coy for not filing any ROC return since e-filing became compulsary ?
The Coy has no cash flow for over a decade even for ROC copliances !
Auth. Capital / Equity was 50L and the carried forward losses are more than twice the paid-up Equity!


Kavitha
10 June 2010 at 11:43

Government company

Hi,
does the definition of a company include a government company. Section 125 of the companies act 1956 is applicable to a company, does that mean it is applicable to a government company as well. Pls reply asap.



Anonymous
10 June 2010 at 11:08

LLP

CAn any 1 please tell me in detail the procedure to be followed for formation of an LLP?

Is any sought of a deed required like partnership of MOA & AOA?

Can u give me a format of it?
Its urgent pls help


Piyush Suhasaria
10 June 2010 at 10:24

Managerial Remuneration

As per part II of Schedule XIII of the companies Act a managerial person is paid remuneration as per limits laid down in the schedule in case of inadequate profit or no profit. My Query is what should be the period for which profit should be calculated? Should it be only for the period during which the managerial person worked (say six months) or for the whole financial year? Please clarify
Further what shoudl be the procedure if there is no remuneration committee?
Thanks in Advance.


Kavitha

HI,

Kindly let me know if a bank is giving loan to a government company for purchase of assets a charge has to registered for the same or not?


DINESH BHATIA
10 June 2010 at 00:29

Alteration to situation clause.

What is procedure for shifting Registered office of a company from jurisdiction of one roc to another within the same state?



Anonymous

My father was promoter director of a ltd. co. He died 10 yrs back and subsequently shares were transmitted to my mother. My mother expired 1 yr back and we never had physical shares with us. My mother expired but left an unregistered will to my and my sister's favor. Now I (as son) want to request company to transmit the shares to my name (my sister is ready to give NOC).
Query:
1. Should I first ask co. to issue physical shares or I can directly send request for transmission.
2. Is probate of will mandatory along with application for transmission
3. What other documents shall be required to be submitted to co.

kindly advise






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