REF: PRIVATE LIMITED COMPANY

Hi,

Please help to solve the position I am facing for my company. (family business).

The company has 5 directors (all related to each other and all are shareholders). (2 directors only when established 12 years ago. 3 more added 2 years ago).

We are in process of taking LOAN from our existing bank as packing credit against mortgage of MIDC property.

The loan is approved by the BANK. All paperworks from their side are ready.

The BANKERS insist that all documents franked and unfranked related to processing of this loan should be signed by all 5 directors.

Now, 1 director is out of town, and we do not know how much time it will take him to return back.

We want to avail the loan immediately now that its sanctioned. Is there any provisions / act by which we can pass a resolution or do something by which the 5th director is not required to sign any document and we can still avail the loan?

If so, please advise what are my options. After signing of the bank documents, a triparty agreement will be made for LEIN of property between the company, bank and midc. In that case also we don't proceedings to be hindered because the 5th director is not here.

Please can anyone guide me?

Thanks very much in advance.

HELLO

IF ALL THE SIGNATORIES DIRECTORS ARE NOW FILING DIN-3 THAN WHO SHOULD SIGN THE DIN-3 FORM. BECAUSE AS PER MY KNOWLEDGE MCA PORTAL WILL NOT RECOGNISE DIGITAL SIGNATURE OF THE DIRECTOR UNLESS FORM NO.32/DIN-3 IS FILED.
PLEASE HELP ME OUT.

THANKS IN ANTICIPATION.

If Minutes Book is kept at place other than Regd. Office, what provision applies? What is to be done?

kindly tell me the procedure to intimate ROC of the change in signature of the director

DIN 4 does not have the specific field for the same

Ms.,
The AGM time limit for a New Company is 18 months from the date of Incorporation. The section specifies that if it does so happen then the Co. is not required to hold an AGM in the year of Incorporation as well as the following Year. My Interpretation of this Law is explained with an example: can it be done this way if not plz explain.

ABC Pvt ltd incorporated in Jan 2 2008 with its Financial year ending in 31May 2008. It holds its AGM in 30th Sep.2008
I feel it is not reguired to hold an AGM in the year 2009 as the Financial Year of the company is June to May it can skip the AGM in 2009 & Consequently can be held in 2010

i just wnt to confirm appoinment of 1st auditor of co., and wht are the forms to be filed by the co. to ROC & twhich form to be filed by AUditor & within wht time?

Thank u vandanaji for giving reply to my query & clarifying my doubts but still I want to know what is procedure for getting the report if all the details are provided to me over here.
& Secondly, particulary in the e-goverance or mca portal environment.
Thank u very much once agian.

Dear Sir,
Thank u very much for detailed procedure given. but I want to know the procedure in the efiling environment i.e. on mca portal.
2) The situation is like this. The said co. is registered in the state of Maharashtra & they are coming up with project in the rural place of Karnataka State, where I am practicing & as per your earlier reply, my regional Roc is at Bangalore & the same is far away place i.e. i may need 1 day travelling is involved ? can you give me some other remedy to this?
whether it has to be applied from the state where it is incorporated.
whether the Chartered Accountant can certify the same or it should be a Company Secretary only.

I have filed form 5 (for increasing authorised capital from Rs.5 lacs to Rs.10 lacs ) online along with attachments of MOA,AOA,Resolutions.and paid applicable stamp duty and ROC fee.
1.Do I need to file physical copies of MOA and AOA with ROC

2.I mentioned paid capital as Rs. 5 lacs instead of Rs.1 lac in form 5. Will form 5 be rejected on the grounds of furnishing above wrong information ( 5 lacs instead of 1 lac )

3.what Confirmation will I get when the form is approved ?

Dear Experts
Pls tell me Currently applicable Stamp duty on transfer of Shares.

Is any limit that any number of shares transfer on single deed if buyer is same.