RESPECTED SIR,
I HAVE BEEN APPOINTED AS AUDITOR OF A COMPANY IN AGM FOR THE FINANACIAL YEAR 2009-10 BUT THE ANNUAL AUDIT OF THIS COMPANY FOR THE YEAR 2008-09 IS NOT COMPLETED BY THE PRIVIOUS AUDITOR.CAN I DO BOTH AUDITS SIMULTENEOUSLY.PLEASE GIVE THE GUIDENANCE IN THIS REGARD.

OURS IS A PRIVATE LIMITED COMPANY AND THE PROFITS FOR THE CURRENT YEAR AFTER PROVIDING FOR DEPRECIATION IS NOT SUFFICIENT TO DECLARE THE DIVIDEND WHICH WE WISH TO DISTRIBUTE. HOWEVER, THERE IS PAST ACCUMULATED PROFIT SHOWN AS A SURPLUS
APART FROM GENERAL RESERVES. WILL PAYING OF DIVIDENDS FROM THIS SURPLUS ALSO BE GOVERNED BY PROVISIONS OF SECTION 205 A?
AN IMMEDIATE CLARIFICATION WILL BE HIGHLY APPRECIATED.

if a company is not file form 32 in ROC also not file annual accounts & annual return .
what is the option available to unsecured loan Creditors to recover the amount to comapny .
and what is the Liabilities of Director.

Case :
A Private limited co. is presently having 2 directors/Shareholders..

Now one of the is retiring & in place of that person, another is willing to be appointed..

My Question is that what will be the exect procedure to coply with the above matter...
Whether to appoint new Director first & then to get the old one retired...(If not than the company will become one director Co.)
Also,
What about the share holding..?
Whether it is necessory to transfer any share by old director to new to become eligible for the directorship..?

Thanks in Advance...

My query with regard to DIN for a citizen of India settled abroad.

A was a citizen of India, settled abroad.

Please confirm the following documents can be obtained from A
for the purpose of generating DIN online.

1. Copy of Passport - Mandatory.
2. Copy of Proof of Address - For list of documents, I shall go as per DIN application.

what other documents are to be obtained from A.

Await your response.

Dear Member

Can anybody provide me with a copy of board resolution to be passed for vacation of directors under Section 283(1)(g) of the Act.

with regards

Muralidharan

Mr. X is appointed as Manager under the Companies Act in Company A which is 83% subsidiary of Company B. Company A is a profit making company.

We want to appoint Mr. X as a director to look after day-to-day affairs of Company C which is a JV company with an Overseas Company and 51% subsidiary of Company D which in turn is a 100% subsidiary of Company B. Company C is not a profit making company. If appointed as a director of Company C; then Company A wishes to get reimbursed a part of salary of Mr. X from Company C. Mr. X will not draw remuneration from both the Company, but from one company only. The Company that pays remuneration wishes to get say 40% of the salary reimbursed as if Mr. X is on deputation from Company A to Company C.

How to go about this???? Will Company A show the entire salary as its managerial remuneration or is it that only 60% will be shown by Company A and 40% will have to be shown as managerial remuneration by Company C.

procedure of serching availabity of new company name

I want to know the detailed procedure for Incorporation of a New Company with ROC?

Lets assume a situation where a shareholders resolution by which he was appointed states that 'his appointment is valid for a period of 2 years from the date of appointed', then please clarify what would be the date of retirement of such directors. Is it the date of completion of 2 years or the date of next meeting. The company in this case is a private company and the articles are silent regarding rotation of directors.