aman
28 October 2009 at 16:35

Pvt Ltd Company

Actually I am a customer of private Limited company, an association of persons formed by 9 individual private limited companies and 4 individual persons-total 13.
The private limited company have legally acquired constructed and selling flats in a housing complex.
My housing loan bank is asking for individual copy of resolution which must be taken by each of these 9 pvt ltd companies in order to be a part of another association of persons
My question is-
1. Is this absolutely necessary to have a resolution taken by the board for a private limited company to enter into another association of persons?
2. If they produce- association of persons certificate, memorandum of understanding. will these two be sufficient proof that the association of persons formed by those 9 pvt ltd companies and 4 individual persons are legally valid and viable?


Guest

Where do I find the following details as per Companies Act, 1956 ?

Key words & Required minimum authorised capital


1 Corporation - 5 Crores

2 International, Globe, Universal, Continental, Intercontinental, Asiatic, Asia, being the first word of the name - 1 Crore

3 If any of the words at (2) above is used within the name (with or without brackets)- 50 Lakhs

4 Hindustan, India, Bharat, being the first word of the name - 50 Lakhs

5 If any of the words at (4) above is used within the name (with or without brackets)-
5 Lakhs

6 Industries/ Udyog - 1 Crore

7 Enterprises, Products, Business, Manufacturing - 10 Lakhs

Await the experts' response.







BHAWANI RAO
28 October 2009 at 14:18

Regarding Record Date

Can any body help me out in the following issue.

is the BSE approval is necessary for fixing record date for the purpose of capital reduction. if so what is the procedure to be followed. is BSE is going to give any in principle approval.


Kindly help me out.

Bhawani


CA. Ashish Bihani
28 October 2009 at 12:35

Late filing of DIN 2 and DIN 3

Sir,
if after getting DIN, Directors have not filed DIN 2 with Company and further Company has not filed DIN 3 with RoC,
1. what if company files DIN 3 today?

2. Any penalty?

3. What will be beneficial for Pvt. Ltd. Co.: -
a. Taking back dated DIN 2 Forms from Directors and making it default in Company's Name or
b. Taking current dated DIN 2 and making it default in name of Directors?

4. Will DIN status have any effect on Annual Filing of previous three years Returns with RoC?

Thank you...


Sudheer J. Sarvate
27 October 2009 at 21:20

Agreement of directors

Ours is a deemed public ltd. co. having paid up share capital of Rs. 8 crores.

One of the Director has made agreement with company for giving their personal car on hire to the company.

Whether we have to register this with R.O.C.

If yes in which form & what is the time limit.


Raghu Raman
27 October 2009 at 20:10

Appointment of Company Secretary

The Company has a paid up Capital of more than Rs 5 Crores and hence has appointed a Company Secretary full time. But he has totake care of Financial Accounting also as he is both CS and CA. He has been designated as Company Secretary Cum Financial Controller. Can anyone please send me a draft appointment letter for this designation (both secretarial and finance)?

This is very urgent.

My mail is raghuraman_279_in@yahoo.com.

Thank You.


Girish HS
27 October 2009 at 19:57

Appoint of Directors

A private limited company has named 2 induvidals as first directors of the company without specfing any tenure of office.

the articles provides that " at the first AGM and every AGM all directors liable to retirement by rotation, shall retire and that the retiring Director shall be eligible for reappointment"

I am of the view that the first directors have to retire at the first agm and that they may be reappointed. is this the right position given the above provisions in the articles.

More importantly, when the 2 directors are reappointed at the first AGM can they be appointed for life to avoid reappointment at each AGM. will it require an amendment to Articles.

please advise.

Regards,


DINESHKUMAR R MISHRA

In case of non listed closely held public company is it mandatory for the company to file terms of appointment for remuneration in excess of 10% of profits of the company however but within overall ceiling limit as prescribed in Sch. XIII based on Effective Paidup capital.
It is mandatory for company's having Managing Director, however in the instant case there is no Managing Director with The company has only 3 whole time directors.
Thanks in advance.


DINESHKUMAR R MISHRA
27 October 2009 at 16:44

Secretarial Compliance Certificate

Sir,
If a non listed public limited closely held company is having paidup capital of more than 5 crores and it does not have whole time company secretary till date.
Is it mandatory for the company to obtain Compliance Certificate and file it with ROC or is it advisable to file it in absence of company secretary.
How long company can be functioning without whole time company secretary with it. What are the penalties for non appointment of Company Secretary.
Thanking you in advance.


Amjum
27 October 2009 at 13:34

Constitute a Quarum for Board

To constitute a quorum for the Board meeting to pass a resolution, if all the directors are interested , Is there any remedy other than pass thro' the said resolution in the general meeting






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