abvvora
01 September 2009 at 18:33

MD & WTD remuneration and 198

Company has to comply section 198 and 309 for managerial remuneration. Suppose upto 25 March, 2009 company is having sufficient profit ex. Rs. 25 Crore. But due to some reasons say fluctuation in currency exchange rate or government policy or heavy loss etc. and profit came down to Rs. 2 crore only and remuneration paid for 11 months is exceeding the limit as specified in company law is breached. So what steps to be taken?
Another thing is that how company can anticipate its net profit as per Section 349 to comply Section 198?
Can we ask MD and WTDs to refund the excess remuneration?
Can we ask them to give undertaking that if approval from ROC is not received than excess remuneration can be deducted in the current year?
Is it necessary to have prior approval of RoC? If yes, in the above case it is practically difficult to have prior approval in the above case.
Kindly request you to guide me. It is very urgent.


Radheshyam Bhutada
01 September 2009 at 17:37

Fees For DIN

Dear Friend,

Agian how much fees which has to be paid for DIN Application.

Any other cost are incurred.

Generally how much charge to client


Radheshyam Bhutada
01 September 2009 at 17:25

Application for DIN

Dear Friend / Collegue,

Can you help me on how to apply for DIN.

Regards,
CA Radhesham Bhutada


Priya Sharma
01 September 2009 at 17:10

Reg:Incorporation of Co.

Once a Pvt Co. has got name approval from ROC through Form 1A, so within how many months it can file form 1, 18,32???




Thanks in advance


Rgds

Priya Sharma


bikas sharma

Shareholders of a closedly held LIMITED CO. passed a resolution on 13/9/2008 in connection with capital reduction, company has not taken any further steps as required now it do not want to reduce the capital, i,e want to recined the resolution passed by the shareholders in EGM dated 13/9/2008.

kindly reply what steps should company follow to recined the aforesaid resolution.


Amit
01 September 2009 at 15:54

Bonds & Debentures

Pl let me know upto what extent a company can issue bonds & Debentures ?

Is there any registration required with ROC for the registrations of Bonds / Debentures ?

Hoping a quick updation for the same.

Regards

Amit Gupta


CS Ashish Jain

SOJATIYA VINTAGE AND CLASSIC CARS PVT. LTD. (SVCC) has been incorporated with the objective to carry on the business relating to Vintage and Classic Cars. Shareholders, Directors and their relatives whishes to contribute their collection of vintage cars and SVCC proposes to allot the shares against their contribution for consideration other than cash.

SVCC proposes to get the cars revalued from the authorized valuer and thereby create huge revaluation reserve as the book value of the cars is negligible. Considering the above facts we request you to please advise us on the following issues

1. What is the ideal time to get the cars revalued before or after the transfer so as to avoid any legal or other implication and to minimize tax liability both for the car owners and company?
2. Can the company issue bonus shares by capitalizing the revaluation reserve?
3. In case the cars are revalued prior to offering the same to SVCC and transfer the same at revalued price will the difference between the revalued price and the book value attract the liability of income tax to the car owners?


CS Sandip Rahane
01 September 2009 at 14:18

Section 314 - Resolution-Expl. Statement

Thanks for ur kind information and Resol.
Plz send me Expl. statment of the Resolution.

Sir if it goes to compounding then for overcome the above proces of compounding shall i show his appntment in AGM w.e.f 29.09.2009. And remuneration paid to him previously i can show it as a consultancy Fee.

Plz send me Expl Stat. of Resol.
Thnks


CS Sandip Rahane
01 September 2009 at 13:48

Section 314 - Resolution

Yes Sir i also want the Explanatory Statement of the same.

Actually company appointed this person on same salary w.e.f.1.4.2009 and not filed and resolved anything for same.

Is there any effect by late filing of Form 23 and 24B to MCA by showing E.G.M. on 01.04.2009. Can i file it bad dated ?
Or it goes to compounding? Let me knw.

Being d above reason i m taking his appointment in coming AGM we.f.29.09.2009.

Plz send me solution.


CS Sandip Rahane
01 September 2009 at 13:28

Section 314 - Resolution

Hello Everybody and very good afternoon.

Dear all,

I am going to appoint relative of director on Rs.75,000/- salary as a Vice President of Company in Annual General Meeting.

Please send me Special Resolution of the same.

Waiting ur reply.
Thanking you.






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