Articles of association was to be amended in 2014 itself. Since we had not amended the Articles of Association of the Company can we do it now . Can we do it with currrent date? will there be any consequence if we file it with current date? Kindly advise.

Sir I would like to ask if a sahakarmi mandali ( co-operative society) can mortgage its land to a pvt ltd company or give them the rights to mortgage it on its behalf?

Please provide whether NRI be appointed as Managing Director of the Company without Central Government approval.

Can a foreign company give an interest-free unsecured loan to an Indian company where the owners (shareholders) in the foreign company are relatives of owners (Shareholders) of the Indian company?

A shareholder, Mr.A holding 99.8% of shares in an Unlisted Public Company (Say, M/s.ABC Ltd) wishes to Pledge his shares. Whereas the Unlisted Public Company is a member holding 9.03% in a Listed Company (Say, M/s.XYZ Ltd). Mr.A is a promoter of both the said Unlisted M/s.ABC Ltd and M/s.XYZ Ltd. Is there any compliances needs to be carried out in the said companies for pledging of Mr.A's shares in Unlisted Company. Kindly share your views.

Read more at: https://www.caclubindia.com/experts/ask_query.aspand

I am a CA registered in v2 portal of MCA, which was done many years back. At the time of registration my name was given with initials. After Aadhar was introduced my initials were abbreviated with First name, Middle name and Last name. But the V2 profile still contains the name with initials. While logging into V3, an error comes statating that name not as in PAN database. But the name cannnot be changed or edited. Though i raised tickets, its still not working. Can the experts help me to rectify this defect. Because of this error, i cant register my DSC in the MCA portal and sign the documents.

What are the articles that exempt for section 8 company in table f and where can i find this Table f with these article numbers

now a days everyone talks about sharktank
my query is related to this
suppose a person invested 1 crore for 1% equity in ABC pvt ltd.
the existing authorised capital of the company is Rs.10Lacs equally holded by A & B. i.e. 50000 shares of Rs.10 each by both of them.
1. what will be the treatment of that equity investment.
2. impact on authorised capital of the company.
3. what will be the capital structure of company.

Form CSR-2 asks for the financial figures like Net Profit, Turnover and Net Worth which shall correspond to the amount mentioned in AOC-4. My query is do we need to mention SRN of AOC-4 of FY 21-22 or 20-21 for filing related to FY 2021-2022.
The instruction kit to the form is silent on the subject matter. Please suggest.

As per section 149 of the Companies Act, 2013 the maximum no. of directors which can be appointed in a company cannot exceed 15.
Provided that a company may appoint more than fifteen directors after passing a special resolution.

Question No. 1
Can a company specify lower limit (but not less than 3 in case of public company,2 in case of Private Company and 1 in case of OPC) than 15 directors in its articles? If yes, than as per which provision/section it is permissible?
For Example- A public limited company specified in its articles that maximum number of directors shall be 12 in there company. Is it valid to specify lower limit than 15 in the articles? If yes, than as per which provision/section it is permissible?

Question No. 2
Whether the articles of the company can state the maximum limit of directors higher that the statutory maximum limit i.e. 15?
For Example - A public limited company want to specify in its articles that maximum director in the company will be 17. So whether the company can specify maximum number of directors more than 15 in its articles?

Question No. 3
As we know that maximum limit of director in a company can be 15 as per act. More than 15 can be appointed by passing special resolution
So which of these options is correct for appointment of director in ABC Ltd?
Maximum Limit as per Act – 15 Directors
Maximum Limit as per Articles of ABC Ltd. – 13
Number of Existing Directors in ABC Ltd. – 11
Number of New Directors to be appointed in ABC Ltd. – 6
Total Number of Directors in ABC Ltd after appointment of new directors will be – 17(11+6)
Now to appoint new directors in ABC ltd. which of the following option is correct?

Option A –
In General Meeting - 2 Ordinary Resolution will be passed u/s 152(2) to appoint 2 new directors out of the 6 new directors to be appointed as the maximum limit provided in articles of ABC Ltd. is 13 and existing directors are 11 only so 2 new directors can be appointed simply by passing ordinary resolutions.
AND
In General Meeting – 4 Special Resolutions will be passed to appoint remaining 4 new directors out of the 6 new directors to be appointed as the maximum limit provided in the articles is 13 only and we have already appointed 13 directors (11 existing directors + 2 new directors appointed by passing 2 ordinary resolutions in general meeting).

Option B -
Firstly, In General Meeting – 1 Special Resolutions will be passed u/s 14 to alter the articles of ABC Ltd. so that the existing limit of maximum number of directors given in articles of ABC Ltd. as 13 can be altered and changed to maximum number of directors as 17. (This is possible only if it is permissible that articles of company can state the maximum limit of directors higher that the statutory maximum limit i.e. 15).
AND
In General Meeting – 6 Ordinary Resolutions will be passed u/s 152(2) to appoint 6 new directors in the ABC Ltd. (No special resolution will be required to appoint the 6 new directors as the now the articles of the ABC Ltd. has been altered and changed that maximum number of directors which can be appointed in the ABC Ltd. is 17 by passing special resolution in general meeting).

Option C-
Firstly, In General Meeting – 1 Special Resolution will be passed u/s 14 to alter the articles of ABC Ltd. so that the existing limit of maximum number of directors given in articles of ABC Ltd. as 13 can be altered and changed to maximum number of directors as 15. (This is possible when articles of company cannot state the maximum limit of directors higher that the statutory maximum limit i.e. 15).
AND
In General Meeting – 4 Ordinary Resolutions will be passed u/s 152(2) to appoint 4 new directors out of the 6 new directors to be appointed in the ABC Ltd. (No special resolution will be required to appoint the 6 new directors as the now the articles of the ABC Ltd. has been altered and changed that maximum number of directors which can be appointed in the ABC Ltd. is 15 by passing special resolution in general meeting).
AND
In General Meeting – 2 Special Resolutions will be passed to appoint remaining 2 new directors out of the 6 new directors to be appointed in the ABC Ltd. as per proviso of section 149(1) which states that “Provided that a company may appoint more than fifteen directors after passing a special resolution”.

Regards,
Shruti Agarwal