CS Somnath Kagade, BcomCSLLB
15 December 2009 at 11:00

Compliances under Companies Act, 1956

Dear all,
Pls help me out:

What are the compliances come into picture under Companies Act if the private limited companies providing any club membership facilities to its directors even Directors are not taking any remuneration from company?

whether should i pass resolution for the same or adjust in the employees cost for income tax purposes?

Pls suggest the option if any for Companies act as well as income tax purposes

waiting for reply,

Thanking you,

CS SK Kagade
Bcom, CS, LLB


sumit kumar agarwal
15 December 2009 at 10:27

ROC

Dear member i want to know that if a company is not filing its income tax return and Roc returns like 23AC, 23ACA and 20B so what are remedies to restart that company.


Kumar
15 December 2009 at 10:21

Form 21

Dear members,

Good Morning,

Please clarify can we change the section quoated in the Form 21.The form is alraedy approved by the ROC.
If we can not change then what is the mode to rectify such wrong quoating of section in the Form.
Thanks & Regards,


shehzad
14 December 2009 at 19:57

Directorship in Singapore Company

Dear all,

I have a query from one of my relatives:

Background:

Mr. X is doing business in India as proprietor and also in the name of his HUF. Now he wants to establish a company in singapore. He is not a director in a single company in India.

Suppose he establishes a company in Singapore with 99% shareholding. He will also get salary as a Director from Singapore Company.

Queries:
1)Whether Mr. X requires to apply for DIN in India?
2)What are the other provisions applicable in India with regard to Companies Act, Income Tax Act, FEMA, etc.?
3) Any other important aspects which needs to be borne in mind?

Please reply ASAP.
Thanks.



Anonymous

A pvt ltd co is going for private placement of its shares.Will the status of the company change only if after the private placement the number of members increases beyond 50


Dinesh Malik
14 December 2009 at 17:09

SHARE APPLICATION MONEY

A Public Ltd. Company taken a loan of Rs. 50 lacs on 31.03.2007 from a Pvt. Ltd. Company. On 31.03.2008, loan amount converted as share application money.

So, the money is shown as 'Share Application Money' since 31.03.2008 and not utilized yet.
My question is:

1. How long the money can be held by the Public Company?
2. Can the money be refunded without allotment of shares?
3. Can the money be utilized without allotment by Public Co.?
4. Can Pvt. Co. show it as an investment?

I look forward your cooperation.



Anonymous
14 December 2009 at 15:05

Allotment of shares

After receiving the share application money, what is the time limit for alloting the above shares? Is there any difference in provision if the company is Public or Private or deemed public company?


Krishna Prasad V
14 December 2009 at 13:46

Resignation of a Director

When a Director resigns,
~ what are the steps or documents should be obtained?
~ The Director who is Resigning, his name already mentioned in MOA & AOA, but, his DIN had been rejected ( Resigning Director doesn't have DIN ) - Then What to do for the further procedure in ROC?


K Raghavan

Sec 301 provides for maintaining a register to record

(a)Any contract or arrangement entered into by a Company with its directors or relatives or firms in which such director or relative is a partner or private company in which such director is a member.
(b)Any contract or arrangement entered into by a Company with another Company (either public or private)where any of the directors or two or more of them togther hold 2% or more of the paid up share capital of the another company.

My query is regarding (b) above.
Does the word "hold" refers only to beneficial shareholding or to the shareholdings of the principal(the other company)who has nominated the director on the Board of the Company?

I have come across instances where transactions between holding and subsidiary are recorded in Sec 301 Register though none of the directors hold any shares in holding Company. There are also instances where Loans given by holding company to Subsidiary are reported in CARO annexed to Audit Report.

Is it the correct view or the concerned have taken a safer(?) course?


Teena
14 December 2009 at 12:11

Format of NBFC Mandatory Complinaces

I want the format of

1. Board resolution for framing KYC (AML) Policy.

2. KYC ( AML) Policy.

3. Declaration by statutory Auditor that we have not received any Public Deposits.

4. NIL statement for FDI

5. NOF Statement by statutory Auditor

6. Board Resolution for Not accepting Public Deposits.

If anybody is having any format of above things then please send me at earliset






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