sathyam
17 August 2009 at 23:42

DIN - NRI

Dear Experts,
For applying DIN for NRI,
1)Which document to be submitted for proof of permanent address and present address?Indian address or foreign address?
2)Who has to certify this? whether foreign authority or indian authority?
3)What is home country mentioned in din general instructions? Certificatin from home country authority is applicable only for foreign national or for NRI also?


Jayesh N. Tribhuvan
17 August 2009 at 23:14

director

I would like to know, If company makes profit, what is maximum remuneration payable to managerial person. i.e (M.D., W.T.D, manager)as per act.

Further, if company makes profit, is it mandatory for company to comply the limits set in part II of shedule xiii for fixing managerial remuneration without approval of Central Govt.
or
Company needs to comply the limits set in part II of shedule XIII for fixing managerial remuneration without approval of central Govt, only if it has less profit or loss.

Awaiting for reply

regards
jayesh n t


sathyam
17 August 2009 at 19:08

co. formation & DIN

Dear Experts,

Q.1.Both husband and wife are NRIs. They want to form a pvt.ltd.co. in india. Whether they can form since both of them are NRIs?

Q.2.Husband is staying in india at present. Whether the permanent address can be given as present address as he is staying in india at present for looking after the new company?

Q.3.Wife is in foreign country and looking after the business there. She has got tenancy agreement for one year as address proof for present address.Can this be given as proof of present address for applying DIN?

Both of them are having Permanent address proof in india. Kindly clarify my queries.
Thanks in advance


vaishali
17 August 2009 at 16:49

issue of shares in pvt ltd company

pl tell me the time span within which a pvt ltd. company should issue shares from the date of receipt of share application money

and what is time span a public company which is not listed should issue shares from the date of receipt of share application money

thanks


Chaitanya G Kukalyekar
17 August 2009 at 14:52

Depreciation (ScheduleXIV)

Can anyone please tell me if the limit of Rs. 5000, mentioned in ScheduleXIV, for the assets to be provided the 100 percent depreciation is increased to Rs. 10000/-?? If yes, then can u mail me a notification or something....


Guest

Please tell me the procedure for issue of bonus shares by a private limited company.

A private limited comapany having paid up capital of Rs. 5.00 lacs and reserve and surplus of RS. 5.00 Crore wants to issue bonus shares to the shareholders.

Whats the ratio in which company can issue bouus shares and in which meeting whether board meeting or general meeting and what are the formalities in this regard.



Muralidharan
17 August 2009 at 14:42

How to Remove Directors

A closely held public limited company has six directors. Three directors have obtained and DIN-3 has also been filed with ROC. The other three directors have not obtained DIN and they are not traceable. They are not attending the board meetings for the past three years. There is no communicaion from them.

The Company would like to remove them from Directorship. Please advise the step-by-step procedures to be followed for removing them from Directorship.

Also advise how to file Form 32 for removal of Directors as they do not have DIN.

How to file Annual Return after removal of above said Directors.

with regards

Muralidharan


sumit bhartia
16 August 2009 at 12:07

FOREIGN COMPANY SUBSIDIARY

I have one company registered in India.
it is selling software

But the problem is that one director is in USA and from there he is running the company.Actually he has a website.
The sale method is that the party download the software from his website.
sending hard copy is not necessary than.
he is also having one company in USA

Can there be a problem in future in Income tax or sales tax or any other department bcoz of this.

Should the indian company be a susbsidiary of that foreign company.is in mandatory.what are the procedures id mandatory.

Or we should pay Remuneration to the foreign director whene ever he is in india in cash.

Please help.if there is any more solutions.


CourseCart.in

I WANT FACT & JUDGEMENT OF THE BELOW MENTIONED CASE RELATED TO DATE OF VALIDITY OF INCREASE IN AUTHOSRIDED CAPITAL OR ANY OTHER CASE LAW RELATED TO THE SAME MATTER IN DETAIL ....

PLEASE MAIL ME AT adarsh @ agrimatrix.in

thanks



Adarsh





Any increase in the authorized share capital would come into effect immediately on
passing of any valid resolution in this behalf, and filing of the requisite e- Forms 5, 23,
being a ministerial act and procedural in nature, would not influence the date of increase
of the authorized share capital. [Kobian (P) Ltd. v Kobian India (P) Ltd. (2005) 64 CLA
281 (CLB): (2005) 59 SCL 608 (CLB)]


Bhaskaran Chackrapani Warrier
15 August 2009 at 11:24

MCA21 e-filing

A private limited company is incorporated in 2001. They did not file their annual return and balance sheet before ROC since incorporation. ROC struck off the name of the company U/S 560(3) on account of the above said failure. The company moved a petition before High Court and got an order U/S 560(6) to restore the name of the company in the register of ROC with a condition that copy of the order should be filed before the ROC and Rs. 25000/- should be deposited before ROC towards reimbursement of expenses. The Directors had taken DIN but DIN-3 is also not filed with ROC. Now the status of the company is 'strike off'.

The doubt is in which e-form the High Court order has to be filed. Similarly how the payment of Rs. 25000/- has to be made.

Tried e-form-61 with category of applicant as 'OTHERS'. Then system is asking SRN of Form 1A. Again tried with category as "COMPANY". System says director is not authorized to sign, reason may be non filing of DIN-3.

Tried e-form-21. Response is company struck off, form cannot be uploaded.






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