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.

hi, One of my client is a public ltd. co.
What r the requirements to be fulfilled at ROC, specifically regarding Returns and other monthly/quarterly/half yearly/yearly statements to be submitted,if any.

Dear,
can someone give the resolution format for the issue of shares at premium by the unlisted public company along with applicability of rules

Regards
s.sunil soni

Dear Sir,
A, pvt ltd company was incorporated on 9th oct 2008 with two promoters, one of them was foreigner, However the Indian promoters has paid his part of the subscription, but the foreigner has not yet paid as on date. Now the company wants to prepare the accounts up to march 2009, in which the paid up capital would be only 50,000/-. but as per the act minimum paid up capital should be Rs. 1.00 lacs.
My quary is : 1.How to show this balance amount of Rs. 50.000/- as paid. (otherwise company will not be able to file the accounts)
2. Can any other person pay the amount on behalf of the foreigner in cash so comapny can credit the same before March-09.
3. the foreigner has already sent some of Rs. 50,000/- before incorporation through proper chennal for some other purpose in relation to same business, can we use this fund as his subscription.

according to the provision after application money rec. allotment letter or allotment advice given to shareholder.

que is:
1. whether subscruption treated as allotment or not.

2.if yes whether it is treated as first allotment.

3.whether allotment letter given in case of subscruption also.

4.when would be the subscruption is effective?
A. on memorandum of association date or
B. on incorporation date or
C. on the date of first board meeting

A private company can accept loan only from director, its relatives and shareholders.

My query is: if a private company has taken a loan from Mr. A (who is shareholder of company) in 2005 of Rs. 10.00 Lacs.

But now Mr. A has transferred all its shares in 2009 to some other member.

Can the loan accepted by the company from Mr. A while he was shareholder of the company be continued by the company in 2009 when he has ceased as shareholder of the company. Else the company is required to repay the loan to MR. A now because as on date he is not member of the company.

1)Can resolution for increase in authorised share capital be passed as an ordinary resolution?? if yes/No then on what basis??


2) Is it required to pass special resolution for issue of bonus shares and file form 23 for registration of it??


Thanks
Vandana