Ananth Iyer
07 September 2009 at 23:20

Sec 274(1)(g)

Please resolve the following case under section 274(1)(g)

Mr A is a Director in a Company A Ltd.The dividend is due for payment on 30.06.2008 for the FY 2007-2008. The conpany doesnt pay the dividend till 30.06.2009 and sect. Company A doesnt pay the dividend till 31.12.2009. Mr A continues to be the director of the company till 31.12.2009 (i.e. he resigns on 31.12.2009, when the default was continuing)and proposes to be appointed as the Director of Company B Ltd.

Will the 5 years of disqualification will be counted from 30.06.2009 or 31.12.2009.


Som Nath Chopra
07 September 2009 at 22:33

FDI

Can a foreign entity invest in indian company through automatic route in a company which is also having some investments in partneship firm . Is this will be treated as indirect investment in partnership firm and accordingly needs approval.


Muralidharan
07 September 2009 at 21:08

Transfer of Shares

The company is a private limited company. 10,000 shares held by subscribers are being transferred to a Director of the company. The transfer deed is dated 17.07.2008. The transfer deed is lodged with the company within two months on 12.09.2008.

However the transfer of shares can be approved by the board only at the meeting held on 04.12.2008. (note : the board cannot have a meeting during the intervening period viz Sep 2008 to Dec 2008 due to absence of a director from India)

Will this be a violation of the provisions of the Act.

Please clarify

Muralidharan


sampad mohanty
07 September 2009 at 18:42

Compliance certificate of CS

SIR,
WHAT IS THE MAXIMUM AMOUNT OF AUTHORISED CAPITAL OF A COMPANY FOR WHICH THERE IS NO NEED OF COMPILANCE CERTIFICATE OF A COMPANY SECRETARY.


Mayank
07 September 2009 at 17:15

CARO Re[porting requirement

There is a cluase in CARO to report if there are any undisputed tax liability which is outstanding fore more than 6 months as at the end of the financial year.
If a company doesn't pay advance tax at all this means that there is a default for more than 6 months as first installment was due on 15 June and advance tax is income tax in nature. "Income tax" is specifically covered in this clause. It is also a default as we pay interest u/s 234C at the time of filing return.Please guide me should this default be mentioned in CARO


sanath
07 September 2009 at 16:57

No Operations but P & L ?

A company has been newly incorporated in India which, in the previous year has not commenced it's operations. Since operations have not yet begun, a P & L A/C needn't be prepared.
However, w.r.t Preliminary Expenses/Pre-operative expenses, are we required to preprare a P & L and write off the same, or can we carry it forward to the Balance Sheet.
Please quote relevant sections in this regard.


Pinal Darji
07 September 2009 at 14:51

Preferentail voting rights

Can any one give me a detailed note of preferential voting rights


pravin

whether provision in AOA is required to appoint M.D. in case of private limited Company


aditi daga
07 September 2009 at 11:48

difficulty in filling up Form 20B

We have equity shares of two denominations
-200000 sh@ rs 10 each
-200000 sh @ rs 1 each
now while filling up form 20B there is only one column for filling up number of equity shares and nominal value of equity shares.what should we do?


CS Sandip Rahane
07 September 2009 at 11:02

Takeover/ Purchase

We r having one Joint venture with another party having 50-50% shareholding. We are purchasing the 50% shareholding of that party and terminationg the JV Agreement with mutual consent of both parties.
So tell me wht is the procedure of the above and also send me the formats of the required documents/ resolution if any.

Waiting ur reply.

Thanking you.






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