Palak
12 October 2023 at 16:01

Sec 90 Significant beneficial ownership

Hi, Please tell me:
A Ltd is the holding company and B ltd is subsidiary company
A ltd is holding 90% shares in B ltd.
B ltd has no members who have more than 10%. But A ltd, who is the holding company of B ltd has 3 members who has shares more than 10%.

Is there a need to file ben-2 with respect to below explanation as per section 90 CA, 2013?


*Non-Applicability
The above rules shall not apply to such shares of the reporting entity as held by the following entities:
Holding company of the reporting entity. However, the details of the holding company shall be reported in Form No. BEN-2*

Explanation III - For the purpose of this clause, an individual shall be considered to hold a right or entitlement indirectly in the reporting company, if he satisfies any of the following criteria, in respect of a member of the reporting company, namely: -

(i) where the member of the reporting company is a body corporate (whether incorporated or registered in India or abroad), other than a limited liability partnership, and the individual,

(a) holds majority stake in that member; or

(b) holds majority stake in the ultimate holding company (whether incorporated or registered in India or abroad) of that member;


DIVYESH JAIN
10 October 2023 at 12:49

Change in mobile number of Director

Dear Sir,

One of my client who is a Director in Pvt Ltd company has lost his sim card and now wants to change his mobile number on mca site.

The problem is he has not done his DIR 3 KYC web and now the site is not allowing me to file his Form DIR 6 for change in mobile number.

Please help how can this issue be resolved.

Thanks,
Divyesh Jain


Haresh Kumar
07 October 2023 at 13:04

Consolidate financial statement

My company, XYZ Limited, holds 20.72% of the shares of ABC Ltd.
ABC Ltd. is now considered my associate.
I do not have any subsidiary companies.
Please advise whether I need to prepare a consolidated balance sheet in accordance with Section 129 of the Companies Act 2013 and Rule 6 of the Companies Rules.
Note that Ind AS (Indian Accounting Standards) is not applicable to my company.


Neha

Respected Sir/Madam
Please Clarify
An Auditor of a Private Limited Company was appointed in AGM Held on 30/09/2019. Now he has to be appointed again after his tenure of 5 years .
Please clarify will he be appointed at AGM held on 30/09/2023 or at next AGM due in 2024. Thanks In Advance.


Neha

Respected Sir/Madam
Please Clarify
If a Private Limited Company has its AGM's 30th September every Year Auditor was appointed in AGM Held on 30/09/2019. Now he has to be reappointed again. Please clarify will he be reappointed at AGM to be held on 30/09/2024 or at AGM held on 30/09/2023.

Thanks In Advance.


NIRMAL DAVE
27 September 2023 at 09:51

ONE PERSON COMPANY LOAN

Dear All,

Can One person company (OPC) accept or give loan to its directors or relative of direcors?

Thanking You
Nirmal Dave.


Neha
25 September 2023 at 10:54

Date of Reappointment of Auditor

Respected Sir/Madam
Please Clarify
If a Private Limited Company has its AGM's 30th September every Year
Auditor was appointed in AGM Held on 30/09/2019 and Auditor served his full term
Now Auditor has to be Reappointed from which AGM date ?

Thanks In Advance.


Chandan Gupta
25 September 2023 at 04:08

UNDER CARO 2020, SMALL COMPANY EXEMPTION

Small Company Definition Old - Paid up Capital should not exceed 2 Crores & Turnover should not exceed 20 Crores

New Amendment - Paid up Capital should not exceed 4 Crores & Turnover should not exceed 40 Crores

A Private Limited Company being Small Company, as per old & new amendment, as stated above but complies with one of the criteria (Turnover exceeds the limit, Turnover = 12 Crores in FY 2022-23) mentioned in CARO 2020 applicability.

Shall CARO will be applicable to the Company as Small Companies are exempt from the CARO applicability as per Section 143(11) of Companies Act ?


Sulafa S.V
24 September 2023 at 11:35

Bad debts written off in companies act

Dear Sir,
Could you please tell me what is the treatment for bad debts written off in the books of companies as per companies Act,2013?


Manoj Kumar

Hi,

Please suggest me, as a director of a Pvt Ltd Company in India? how can I change my hand written signature? Basically, I want to change the original signatures that I had used on documents during the Pvt Ltd Company Registration (the signature as per my PAN card).

Because, for any document / compliance filing to MCA or ROC, it is generally required the "Digital Signatures (DSC) but I am asking about the handwritten signatures that need to be done by the director of the company on hard copy documents for filings to MCA or ROC. If I want to change the signatures.

Is there any procedure required to follow to change handwriting signatures? OR can I start using a completely new signature on documents for filings to MCA / ROC for the private limited company?

Also, please confirm me can I use a completely different signature for all internal official purposes, for example, "Signing of expense bills / receipts", "Signing of sales invoices", "Signing of other office documents like appointment letters of employees" etc.

OR should I use only the signature that I had used during Pvt Ltd Company registration (as on PAN card) for every situation including compliance filing document to MCA / ROC, internal office
purposes etc.?

I need clarity on this, so I have written this question in details, please clarify me.






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