Nayak

Company "A" a Public Limited Company, has 5 directors and all of them are executive directors. Its paid up capital is Rs. 2000 Crores. It neither has non executive director nor independent director.

As per section 178 of the CA 2013, Nomination and Remuneration Committee is mandatory for public companies having paid up capital more than 10 crore and it shall consist of 3 or more non executive directors half of them shall be independent director..

"A" wants to appoint WTO now. whether recommendation made by the N & R Committee to the Board for his appointment is valid?

Whether decision taken at the unconstitutional N & R committee is valid?


Arpan Kumar
24 August 2015 at 20:51

Query

ITC limited under its CSR activities signed agreement with an NGO for its milk procurement and agarbatti production work. At the end of the year, Heavey losses are patched by ITC directly into non foreign utilization account, being an foreigner entity can ITC do this? Is this fund transfer justified in view of FCRA and CSR act of india?



Anonymous
24 August 2015 at 15:39

Annual return for the f.y. 2014-15

Dear Learned Members,

As per the Companies Act, 2013 the Extract of the Annual Return for the Financial Year ended 31st March, 2015 shall form part of the Director's Report in Form MGT-9.

There is another format for Annual Return, i.e., Form MGT-7 which is more detailed than MGT-9. As per my understanding MGT-9 is just an extract.

But, the MCA has come up with a Circular dated 13th July, 2015 that the Annual Return for the financial year commencing on or after 1st April, 2014 shall be filed in form MGT-7, the electronic version of which shall be available for filing latest by 30th September, 2015.

Thus, my query is whether MGT-7 is a format for annual return or an e-form which is yet to be made available for filing the Annual Return? What would be the format for preparing Annual Return, MGT-9 or MGT-7?

Thanking you in advance.


Arun Trivedi
24 August 2015 at 13:37

Roc name approval pending from 20 days

I have applied Company name approval on 06.08.2015, but today 24.08.2015 no communication recieved from MCA. neither approved nor rejected, just showing as" pending for approval" on conatcting ROC delhi, they are not picking up the phone even, i also lodged complaint 10 days back, but it is also shown as work in progress,what to do, pls suggest.

Read more at: https://www.caclubindia.com/forum/details.asp?mod_id=55963&offset=2



Anonymous
24 August 2015 at 10:38

Annual fillings for the year 2013-14

Dear Professionals,
Greetings,

I have a doubt regarding the annual fillings for the period 2013-14,
Our group company has not fillied its annual returns for the F/Y 2013-14, so my doubt is regarding applicability of section 403 for the fillings of the same, if yes then what should we do, and if no then can we file the same as normally.
please suggest me

Thanks & Regards
Tapan Kumar



Anonymous
23 August 2015 at 00:36

Government company & psu

As per S. 2(45) of CA 2013, Govt. company is defined as the one in which the paid up share capital is not less 51% held either by the Central or State Govt. or combination of both. PSU is also defined in a similar manner, then what is the difference between the two, which results in application of different tax provisions to each of those entities? Can anybody elaborate?
Thanks in advance.


Prashant

Hello,
Can anyone tell me that depreciation is allowed on assets which were bought before PVT. LTD. company was registered? I plan to register it in same financial year in which asset was acquired.

The asset currently is in individual's name in personal capacity.

TIA
Prashant



Anonymous

Whether we have to calculate different rate of depreciation under the companies act 2013 for a car purchased in year 2012 also and in 2013 also??


Mohit Maheshwari
21 August 2015 at 14:52

Form 23aca

I am aware that as per law, registered user is not allowed to view Form 23ACA of any Private Limited Company even after paying requisite fee of Rs 100 to MCA. Is there any other way to view/get Form 23ACA?


VATSAL SHAH
21 August 2015 at 13:34

Form 23ac

There is a company which is dormant but now want to activate his business and now they have to upload Form 23AC for the F.Y. 2010-11 but my query is regarding Today when they upload Form 23AC whether there is necessity that the digital signature that we attach on Form 23AC is being the director at the time of F.Y. 2010-11? or appointment as director after F.Y. 2010-11 can we attach his digital signature?






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