Nikhil Jajoo

Dear Colleagues, I have a query regarding Auditor appointment, in a company, In an AGM an Auditor who is having proprietorship firm has been appointed, the Auditor Dissolves its Proprietorship firm and enter into Partnership, now the query is whether the Auditors have to file fresh form ADT - 1 for change in auditors firm status or he can sign the Balance sheet without any intimation to ROC, and also Is company required to pass an ordinary/Special resolution for fresh appointment of same auditor in the Company. what is the correct measure in this case?
Note - Registration no and name of old Proprietorship firm was same in new partnership firm.


Anurag Suresh kulkarni

As per the provisions of section 139, there is a grace period of three years for existing companies under transition period. Whereas, Rule 5 of Companies (Audit and Auditors) Rules, 2014 specifies the class of companies that are covered under this act. Now, the question is while applying the provisions of rule 5, which financial position to be considered? whether at the commencement of the act i.e. April 1, 2014 or after completion of three grace years i.e. April 1 , 2017?


Bhavin patel
20 December 2016 at 20:24

dividend

section 51 of Companies Act 2013 contains that if provided in the articles dividend to be paid on paid up value of the shares . so if there is no such provision in the articles then dividend shall be paid on nominal value of the share. and as per regulation 83 of table f dividend shall be paid on paid up value of shares. so is there any conflict between these two provisions


Revati Sathe
20 December 2016 at 15:42

Section 188 of the companies act, 2013

When transaction is at arm's lenght and in the ordinary course of business , is it necessary to attached AOC-2 and whether noting in Board Meeting is necessary


Tina Jain
19 December 2016 at 21:01

Registration of business name

May i know the total cost for registering any business name.


ERO0207872 NITESH KUMAR JHA
19 December 2016 at 17:58

Moa

I APPLIED FOR INCORPORATION OF A COMPANY IN REPLY OF WHICH I HAVE GOT A ERROR MESSAGE " CLAUSE IV OF MOA SHOULD BE AS PER TABLE A" SO PLEASE HELP IN THIS REGARD.


KUVADIYA PIYUSH

hello. my query is that why one should form HUF instead of other structures like company.


Rishi Kumar
16 December 2016 at 20:39

Memorandum of association

The authorized share capital of the Company is Rs.200,00,000/-
(Rupees Two crores only) divided into 200,000 (Two lakhs only) Equity
Shares of Rs.100/- each, (Rupees hundred Only) with power to increase
or reduce the same in accordance with the provisions of the Act.

MCA says Capital clause is not as per Companies Act 2013?
Plz post your views


prabin
15 December 2016 at 17:27

Provision for government tender

if one propritor convert his/her propritorship firm into company and he /she wants to fill the government tender, is he/she can fill the government tender??



Anonymous
15 December 2016 at 10:48

Roc fees & amnual return

Dear Experts
Our pvt. Company having
authorized capital of 10 Lakh pls tell
Me on filing form AOC 4 and MGT 7
Will i have to pay only 400 ROC fees
or more then 400

Regds
Anil Jain






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