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rajender singh
31 March 2010 at 16:02

loan to shareholder and its director

a pvt. co. can give adv to their director and shareholders



Anonymous
31 March 2010 at 13:53

Audiotr refusese appointment

Hi there,

These are my findings below :

where an auditor appointed at an annual general meeting (U/S224(1)refuses to accept the appointment., the appointment can not be regarded as complete and effective, because it can be so regarded only when the appointment is accepted by the auditor.

Should the Pvt ltd co hold an EGM

Or

Do they follow the below Procedure:
In this situation also, it may be regarded that no auditor had been appointed by the company at its annual general meeting and thereupon the Central Government would be
eligible to appoint the auditor to fill the vacancy. For this purpose, an application has to be made by the company to the Regional Director (to whom the powers have been delegated under sub-sections (3), (4) and (8)(a) of sections 224), within 7 days of the conclusion of the meeting, for appointment of an auditor and fixing his remuneration.

There is no prescribed form of application but the application must disclose with sufficient details, the circumstances attending the failure of the company in the annual general meeting to appoint auditors

The company shall, within seven days of the failure to appoint auditors, give
notice of that fact to the Government under section 224(3)
Board of Directors cannot be authorized by the shareholders to appoint new auditors, in case the auditors appointed in the annual general meeting refuse to accept the
appointment.



Mrs Rao

Hi,

Subject: TAN, PAN, PF account requirements for new branch in another State.

We are a pvt ltd small IT company. We are planning to open new location/branch in another state capital with expected employee strength of 30-40.

Now do we need to register/get new TAN, PAN and PF account in that State?

Pl clarify.

Thanks
Anuradha



Anonymous
31 March 2010 at 12:38

bonus issue

dear all,

a bonus issue has been made by a pvt ltd co. reg 96 and 97 is covered in the AOA of the co. the shares are to be issued to the directors of the co. who are the only shareholders of the company. the shares are issued out of free reserves of the company. if i am right, 3 resolutions are to be passed.
i)by the board calling for the meeting of shareholders.
ii) shareholders meeting to authorise the directors to make bonus issue.
iii) the directors board meeting making allotment of shares.
now, my query is,
i) will the shareholders meeting be an ordinary meeting or extra ordinary general meeting.
ii) what is is the difference between the 2 meeting.
iii)what is ordinary resolution and special resolution.

pls reply at the earliest.


CA UMESHKUMAR R. ACHARYA
31 March 2010 at 12:18

failure to login at Mca site

Iam Practising C.A. and registered with M.C.A. with user I.D.-URACHARYA.
My digital signature is also upto date with your site. However as soon as I try
to login the message comes instantly " your session expired "
As a result I cant take any further action as suggested for for retrival of my Forgotten password.

I have contacted local C.S.but they suggested me to get registered with registered
user rather than business user.
please do needful in the matter.


Archana
31 March 2010 at 10:26

M.D/manager/Whole Time Director

Can a whole time director of a ltd. co. be a manager or managing director of another co. which is their group company itself.......


Vignesh
31 March 2010 at 09:39

Sec 317 (3) proviso

Dear Sir/Madam,

1. In XYZ Ltd. Mr.A was appointed as Managing Director for 5 yrs w.e.f 01.04.2007.

2. He can be re-appointed for a further period of 5 yrs w.e.f 31.03.2012 by passing a resolution on:

- 01.04.2008
- 01.04.2009
- 01.04.2010
- 01.04.2011
- 01.04.2012

which ones of the above dates can the rsl be validly passed.

Kindly clarify?

Regards,

Vignesh J


Vignesh
31 March 2010 at 09:37

Chairman of AGM

Dear Sir/Madam,

Can a Director of a company (WHO ACTS AS CHAIRMAN OF BOARD MEETING) act as chairman of the annual general meeting, IF HE DOENT hold any shares of the company?

Kindly clarify.

Regards,
Vignesh J



Anonymous
30 March 2010 at 19:00

Appointment of Company Secretary

My Company failed to appoint A whole Time Company Secretary as its capital is more than 5 crores.

Please provide some guidelines to be saved from penalty.



Anonymous
30 March 2010 at 17:53

Registration

Dear Sir,

What is best for business partnership firm or ltd. company. please suggest me.
And also their procedure.

business for finance and trading.






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