Preeti
19 April 2016 at 12:20

Resignation of auditor

Dear Members,

I have a query regarding Resignation of Auditor. Our CA surrendered his COP in March, 2016 and now, he is not eligible to sign the Balance Sheet as Auditor. So, whether only Board Meeting is sufficient to Resign the Auditor and Appoint new Auditor or EGM is to be conducted for this Resignation and Appointment ?

An early reply is needed.


Swati Hegde

Wish to have a clarity on treating Pvt Ltd Company as public company.

Example: ABC Pvt Ltd is a subsidiary of XYZ Ltd (public Company) and is to be treated as public company though it is a pvt Company by definition of Public Company u/s 2(71) of CA 2013. (This is clear by the definition).

further, MNC Pvt Ltd, which is subsidiary of ABC Pvt Ltd, will definitely, also a subsidiary (step down subsidiary) of XYZ Ltd (Public Company).

In my opinion, this MNC Pvt Ltd, though it is a subsidiary of a public company, need not be treated as public company because it is immediate subsidiary of XYZ Ltd, which is Pvt Ltd Company by virtue of its articles(though its a deemed public company).

I wish to have opinion on this, to what extent we should consider Pvt Ltd Company as public limited company. Especially in the case of step-down subsidiary as detailed in the above example.

If the step down subsidiaries of Pvt Ltd Companies also to be treated as public limited companies, then every small pvt ltd company is also required to comply with the provisions which is applicable to public limited companies, which is senseless and huge compliance for such small companies.

Please guide.



Anonymous
18 April 2016 at 10:12

Section 186

A company has given loans more than the limit prescribed under Section 186 in F.Y. 2014-15. No MGT has been filed. What is the possible recourse that can be taken. Also can anyone provide a format for resolution to be passed under Section 186?


CA Kunjan - www.canaresh.com
17 April 2016 at 17:14

Roc filing for old year fin.13-14

sir, for a small pvt.ltd. company,
how to file roc annual forms for fin.year 13-14 under old companies act 1956?
aGM was held in time.

my view --> only GNL2 is enought, right?



Anonymous
16 April 2016 at 19:01

One person company

If a person wants to incorporate a One Person Company with his personal fixed assets as capital then will the Transfer of Property Act be applicable and Stamp duty to be paid on such property? (at the time of incorporation).

If after incorporation, the properties are transferred to OPC, will then stamp duty be paid?


shashank
16 April 2016 at 13:57

Deemed public company

A private Company which is subsidiary of public company will be deemed to be public company. thereby will i have to appoint 7 members & 3 directors or continue with 2 directors & 2 shareholders in which one of them will be public company holding?

Kindly advise



Anonymous
16 April 2016 at 13:57

Csr

Can anyone please provide me with minutes of the first meeting held by CSR committee?


Kanchan
16 April 2016 at 12:57

Acceptance of deposits by companies

Is the Company required to take Shareholders approval every year for the inviting deposits and approval of DPT 1.



Anonymous
15 April 2016 at 21:37

Appointment of company secretary

What views would a Public Limited Company, whose paid-up capital is more than Rs.5 Crores, would have if they fail to appoint a Whole Time Company Secretary? In case if they fail to appoint a Company Secretary, can they appoint a person, of some other professional qualification who is well versed in Company Law, as a Company Secretary, till they appoint a Whole Time Company Secretary?

What is the time limit for appointment for Company Secretary, from the date of increase in paid-up capital above Rs.5 Crores?



Anonymous
15 April 2016 at 17:19

Pre-scrutiny error

Trying to pre-scrutinize INC-22. Error appears as" details of practicing professional is not valid. Kindly enter a vaild membership number/certificate of practice number".
Ps:- The practicing professional is a member of ICAI and in the institute's records the member's name has an initial as prefix where as in PAN card and in DSC the expansion of initial is given as first name.






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