Nagaraju Pogula
22 February 2008 at 11:21

External Loans

Can Indian company take loans from foriegn company? If it can lend what are the RBI and Comapnies act procedures to be followed.

If both are parent and subsidary comapnies what are the implicatins.

Please help me in this...


SREE PRAKASH
22 February 2008 at 10:19

Treatment of capital reserve

Sir,
Please guide on the following case.

Facts of the case
1. X is a Govt. Company formed for developing land , its income being subsidy received from Govt. for administrative and other purposes.
2. During the period from 1975 to 1986 it took loan from Bank for giving loan to cultivators etc..
3. Up to 91-92 the Company raised Rs.705 lacs as share capital. The Company could not repay the loan from Bank since the cultivators defaulted in repayment. The loan and accumulated interest came up to Rs.4700 lacs. Amount incurred for work was Rs.1300 lacs and loan given to cultivators together with interest came up to Rs.1300 lacs.The loss accumulated up to Rs.3200 lacs.
4. During the year 2000 the Government took over the loan payable to Bank and the amount was converted into Capital reserve .The loan given to cultivators and the amount shown under work was also written off.

The query
Now the Company is proposing to adjust the accumulated loss against the Capital reserve.
Kindly clarify whether the Company is justified in doing so.
Also what are its implications in Income tax ?

Sir, The required information are furnished below.
1. The amount was given by the Govt. as Grant-in-aid.There was no other condition specified.
2. The decision to convert the grant in aid to capital reserve was taken by the Company and conveyed to Govt.
3. The Income tax assessment has not yet been completed.
Please advice.










SAM KOSHY
21 February 2008 at 17:29

Insurance


Few insurance companies are not ready to provide some insurance products to companies due to insurance underwriting constraints. But some other insurance companies are providing the same product.

Is there is any common guidelines for this ?


Vipul Kumar Singhal

Please confirm me the minimum authorised capital required for incorporation of NBFC (not accepting public deposit) private company and the provisions of exemption from registration under RBI Act 1934


Vivek
20 February 2008 at 11:54

Cash withdrawal by directors

Whether Managing Director of a Private limited company can withdraw and deposit cash through current account transactions


Kumar
20 February 2008 at 09:09

Extension of name approval

Dear All,

Please get back to me regarding how an extension of (name approval) can be made as per the recent notification?

Thanking you in advance.

Best Regards,

Rakesh


sushil mangla

Dear Professional friend

Please guide me as to case where Funds are to be received from abroad as share capital and loan.

(1).What formalities are there that we have to take care of for receiving such funds in a Pvt. Co as under:-

-FDI (FEMA)
-RBI
-COMPANIES ACT
-Any Other Act

(2).Do it involves any intimation to RBI prior to or after receipt of such funds.

(3).Do such an amt either share capital or shareholder's loan need be paid back or not.

(4). Is there any specfic private cos anly for which such a receipt can be there


Please note that the works of this pvt co are of a trading nature.


Dolly Jagad
18 February 2008 at 11:55

Alteration in MOA and AOA

Change of Name and change in shareholding is taken place. So the resolutions are passed. Now for filing the Form 23, we need to attach the altered MOA and AOA. For this purpose, any stamp duty has to be paid or not??


harshit
14 February 2008 at 09:38

private company formation

what basic documents required for formation of priate company.

how much amount spending for formation for documents?

how many days for registered as company after submission of necessary documents?

please urgent sir


vinodkumar.

sir
1. Is it posibile to convert a partnership firm in to a ltd copmany.

2. If it possbile is the new comany can legally claim the experience and goodwill of the partnership firms provided all partners become the member of the compnay and managing partner became the managing director of the proposed company.

3. If the partnership firm is take over by an existing company is it posibile to claim the experience of the partnership firm provided some partners already the member of the company and managing partner is also the managing director of the company. After take over all partners become the member of the company.

4. The issue of claiming experience is arised due to the partnership firm is doing contract business so previous experience is a critical factor in bidding.





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