Please clarify me the following doubts

1. Can a Public or Private company receive share capital (application, allotment) in HARD CASH (and not through Cheque).

2. If they have done so, and alloted the shares and issued share certificates, WHAT ARE THE CONSEQUENCES? Please give me relevent sections and penalties.

GIRISH

Dear Sir,
The Sec 599 of the companies act does not specify any limit for the penalty amount to be paid in case of default in filing the accounts,
but in the ROC's fee calculator the penalty for default does not exceed 1 lakh.
So is 1 lakh the maximum penalty amount? if So, which Act prescribes it?
Please help.....

Is it necessary for a pvt. ltd. company to file return of allottment of shares with mca?

Also what is the time limit for it from the date of receipt of subscription money?

Also when shares to the subscriber to moa has been allotted against the co. formation expenses incurred by it and the amount of expense is more than the minimum paid up capital of 1 lac mentioned in M&AOA, then for the amt in excess of 1 lac is it necessary to file form 2?

Can a ubscriber to the memorandum be allotted shares against the money he spent for formation of company? Expns will be shown under misc exp in balance sheet and corresponding entry will be in share capital a/c.

Please advise.

IN A COMPANY TOTAL EMPLOYEES ARE 25. 15 EMPLOYEES ARE GETTING BASIC WAGES MORE THAN 15000/-.

COMPANY WILL BE COVERED UNDER ESI?

Sir,

I want to know that if a employee gets basic wages & DA Rs.12000/-.then such employee will be covered under esi or not.

if employee will be covered under esi then contribution of employer & employee will be on 10000/- or 12000/-.

Praveen Agarwal
09415780770

what are the procedure to be followedd if a Company has its AGM on 30th September 08 but does not file its Annual Return within a period of 60days.? is extention of time required to be availed?

thanks,
Amruta

Dear sir,

Can anyone guide me the procedure for conversion of Private company into public company and also
sir, can I change Private into public first or change the name of the company first?

1.Two public ltd companies were formed. 2.The date of certificate of incorporation are 24-01-2008 & 08-05-2008 respectively.
3.The certificate of commencement of business has not been taken till today.
4.Subscribers to MOA & AOA are 6 individuals and 1 is listed public ltd company (say A Ltd). A Ltd subscribed for 49,994 shares out of 50,000 shares and rest of the individuals subscribed for 1 share each.
5.Till today neither from A Ltd nor from 6 individuals, money on account of share capital is received by these companies.
6.Further, while finalizing the annual accounts of A ltd, the above companies were not shown/disclosed as subsidiaries and there accounts were also not incorporated in the annual report eventhough there were no transactions/activites done since commencement certificate is not obtained.

So following queries are raised-

1.Does A Ltd really becomes the holding company eventhough it has not purchased share capital of these companies.
2.Now A Ltd does not want to be the subscribers to MOA & AOA simply because they do not want these companies to be its subsidiaries. So now what is the remedy?
3.Although share capital is not received, can A Ltd transfer the shares in others name & get rid of the status of holding company (if at all it becomes holding company)
4.What is the consequences, for not showing these two companies as subsidiaries in the annual report of A Ltd as on 31-03-09.
5.What are the compliances to be made for these two companies from the date of incorporation with respect to accounts, audit, AGM, board meeting etc.
6.Today also, they have not received share capital so then what accounts to be finalized and how to take AGM and what needs to be put up in AGM.
7.Further no commencement certificate is obtained. Can it receive share capital now.

Thanks in advance

Fact :

Company filed the Form 25C sometime in the year 2006.

Company did not verify the SRN Status of the form filed. Now, ROC sent e-mail message indicating the SRN Status - 'Pending for approval under regulation 17(6)'.

What should the company do now ?

Whether the company should physically file any clarificatory letter or

What is the mode of communicating to ROC (whether Form 62 applies in this case)?

Thanks for the response from the concerned.