As per section 139(10) where at AGM, no auditor is appointed or reappointed, the existing auditor shall continue as auditor. My doubt is if the company is listed one, and 139(2) rotation of auditor applies and auditor individual has completed 1 term of 5 consecutive year and hence cooling period is 5 years. Suppose in AGM no auditor is appointed or reappointed then when will happen. Will section 139(10) still applies. I find it very contradictory. Help me
While Registering DSC on MCA portal there is error msg pop out " CERTIFICATE HAS NOT BEEN SELECTED" I already performed the procedure of adding the sites in JAVA application, That part is done but showing new error as written above. kindly hlp
Dear Sir
i have a company which was incorporated in 2006 in the name of (xxxxx Pvt Lt.) but before few year this name was alter and only (xxxx Ltd.) i.e it is only now limited company, but the Company's PAN Number and date of incorporation is remain same after amendment of company name as per Income Tax PAN department
is there is any special notification for the same in Company's Act
i need your valuable reply in this regard...........
I GOT A MESSAGE THAT TO MENTION FIRST DIRECTORS IN AOA. HOW TO ADD?
I would like to know, the amount to be mentioned in the form 8 for the LLP which are converted from Company to LLP in the mid year.
Will the full amount of P&L will be reported or the P&L from the date of conversion will be reported in form 8..
Hi. we are looking for a advice on registering a private limited company in India. our company is based in Japan and we would like to know about the procedure and foreign transfer of funds for capital and other related procedure for opening a company in India. We have a staff in India and it will be great if any expert could lend his time to have meeting with our staff in India and we are willing to pay for that. We have lot of what u call a advices from others but we need a dvice from a proper expert in foreign company. Contact us please if u could help us in that. Please drop us ur number sothat my staff could call u or please provide ur mailing address sothat we could send u our contact details etc.... looking forward to hear from you. Thanx.
Dear all,
I am working with Pvt. Ltd. , we have appointed Managing Director as well as Whole Time Director, in our Company . Our Auditors are asking me Special Resolution for appointment of the MD & WTD complying with the provision of Section 188(d).
According to me , we need not require to take any special resolution for payment of normal remuneration to MD & WTD which is in terms of salary for handling the respective position of MD& WTD.
However, How should I convince them that normal remuneration paid to the director does not attract provisions of section 188(d) , according to them remuneration is paid for availing of services.
Is there any clear explanation in any book which states that normal remuneration paid for the services of the director does not attract the provision of the section 188 (d)
SIR I INCORPORATED A NEW COMPANY. NOW IS IT NECESSARY TO FILE DIR-3C AND WHO IS TO REPRESENT THIS FORM UNDER COLUNM (TO)
Dear all,
We are in a situation wherein we r required to allot shares for consideration other than cash. however we cannot go for private placements due to certain issues. and now we contemplate to go for Rights issue and then ask the existing shareholders not to exercise there option. once the option is not exercised, we then plan to conduct a board meeting and then allot shares to our selected buyer for consideration other than cash(as once the shares are not bought under rights issue, board can allot shares to anyone in the interest of the comapny). I request the learned members of the group to guide whther the transaction would voilate any provisions of the act.
As per Sec.139(2) of Companies Act,2013 read with Rule of Companies(Audit and Auditors) Rules, 2014, rotation of auditors apply even to the Pvt. Ltd. Companies if their paid-up capital is 20 crores or more.
So for example, a Pvt. Ltd. Company is incorporated on 01/04/2014 and is having the same auditor (an individual) right from incorporation and it increases its paid-up capital to 21 crores on 31/07/2019. Can it appoint the same auditor for 5 more years or only for 1 year?
To put it simply, applicability of provisions pertaining to rotation of Auditor starts only from the year in which the condition is satisfied or even the previous period in which a person is an auditor needs to be counted?
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Companies Act 2013