shailesh kd

Auditor Removal Before AGM what is the procedure in company Act 2013.
what is the procedure to appoint Auditor After removal of the previous Auditor in middle of the year..
-- if BOD can Appoint new Auditor not taking approval of share holder in EGM.
-- And if EGM is not conducted BOD can Appoint Auditor in Board meeting..
-- RULEs For non-govt company only.


vinay
16 September 2016 at 18:34

penalty

what is the difference between penalty and fine. can any one tell explicitly.


Deepika Srivastav

Dear All,

I am adopting whole set of AOA as per Companies Act, 2013, my company is a Unlisted Public company registered under Companies Act, 1956.

For this Adoption of AOA as per Companies Act 2013 will i have to take approval of NCLT also as per Section 14?

Plz Guide.


SREENATH P.
15 September 2016 at 12:02

Debenture redemption reserve

Sir/madam,
I have a doubt on creation of Debenture redemption reserve.
For the NBFCs, Companies share capital and debenture rule says that adequacy of DRR will be 25% of the value of debentures issued through public issue.


My question is whether the term issued means outstanding debenture plus redeemed debenture?or the requirement is only for outstanding debenture?


Thanks in advance





Revati Sathe
14 September 2016 at 18:14

Appointment of company secretary

A private limited company has increased its paid up share capital from Rs. 2 Crores to Rs.5 crores , whether it is necessary to appoint whole time Company Secretary , but practically it is not possible to employ whole time Company Secretary , is there any alternate solution


Entp. Ashish Tiwari
14 September 2016 at 15:34

Fail to appoint auditor

As per section 139(6) the first auditor of the company shall be appointed by the Board within 30 days of Incorporation. In case of Board’s failure, an EGM shall be called within 90 days to appoint the first auditor.

THE COMPANY HAS FAILED TO APPOINT AUDITOR WITHIN 30 DAYS.
MY QUERY IS
1. CAN WE APPOINT HIM BY FILING A BACK DATED FORM BY TAKING A BOARD MEETING.
2. AND IF NOT WE WILL CONDUCT THE EGM SO DOES THAT REQUIRE FILING MGT-14.
3. 90 DAYS TO BE COUNTED FROM EXPIRY OF 30 DAYS OR INCORPORATION.


Asha latha Doradla
13 September 2016 at 15:10

Section 192 of the companies act, 2013

Please specify the resolution to be passed u/s. 192 of the Companies Act, 2013. From the Act, I found that a resolution is mandatory for such transactions. But I was unable to find whether to pass ordinary resolution or a special resolution?



Anonymous
13 September 2016 at 13:13

Signing on financial statements

RESPECTED SIR,
THERE ARE 4 PARTNERS IN A PARTNERSHIP FIRM. THE FIRM IS HAVING 60 COMPANIES AUDIT.
SIR, CAN ONLY ONE PARTNER SIGN THE BALANCE SHEET OF ALL 60 COMPANIES
SIR PLEASE CLEAR MY DOUBT
WITH REGARDS



Anonymous
13 September 2016 at 12:01

Form-2 & form-5 fillings

I had created a company in 2011 named abc pvt ltd. with initial capital of Rs.1 lac. But after few months, we increased the capital to 1cr. The new shares were issued, alloted and subscribed by various individuals and body corporates. i didnt knew that we need to file form-2 and form 5. I came to know about it a few years earlier and have not done my annual compliance with Roc for last 3 years. Now the company status on Roc website is - "under process of strike off."

I spoke to Roc dept. and he told me that the status-"under process of strike off " was due to non fillings of my annual compliance.
But my problem is with filling of Form-5 and Form-2 having liablity of Rs.11 lac along with interest and penalty which was around Rs. 1 lac(1%).
what should i do? Can liquidating the company is also an option here?


TARIQUE RIZVI

I have to finalise the balance sheet of a private limited company for the fy 2015-16 but I dont know how to workout the dep for fy 2015-16. Depreciation schedule of fy 2014-15 is available with me and in fy 2015-16 there is no addition and deduction during the year and only and only against the opening balance as on 01-04-2015 dep has to be provided as on 31-03-2016. what to do now ? Please give me some simple idea. /






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