santosh singh mehra

Dear Experts,

can anyone explain the section 180(1) as I am bit confused not able to understand.

the basic query is that if a company want to sell, lease, or otherwise dispose of the whole or substantially the whole of the undertaking of the company by passing a special resolution in the general meeting of the company if i'll go with this it is kind of demerger so still the company need to go with high court route or special resolution is enough for the proceedings.

kindly guide


aditi
18 June 2015 at 14:47

Companies act 2013

if in final accounts a company's one location is a debtor and other location is supplier can we merge to accounts as per company's act?


Vivek B. Bhinde

Respected CCI Members,

We had incorporated a private limited company on 07/10/2014. We have not obtained the Commencement Certificate

As per the Companies Amendment Act, 2015 Sec 11 of Co. Act 2013 which relates to obtaining Commencement Certificate has been omitted. what will be the position of the Company which we have incorporated ??

Thanks.


Bhavana Gupta
18 June 2015 at 12:51

Loan to related party

A loan has been given by a pvt. co. to another pvt. co. in whom a person is director in both companies & its repayment made within F/Y year & its not in ordinary course of business. However "No company shall, directly or indirectly, advance any loan, including any loan represented by a book debt, to any of its directors or to any other person in whom the director is interested." Please tell me contravention if any & whether repayment removes the contravention?? Also tell me what can a company do to protect himself?
If advance is shown as given for flat and later returned as deal could not mature, whether this adjustment is correct or not?
Please clarify....

Read more at: https://www.caclubindia.com/experts/modify_message.asp?entry_id=971465



Anonymous
18 June 2015 at 12:31

Conversion of llp into propritership

what is the procedure of conversion of llp into proprietership


CA Ravi Taori
17 June 2015 at 20:29

Consolidation

Hello every one i have 2 interesting queries, i would like to know your views on them.

1. As per company act(accounts) amendment any part of rules will not be applicable to company having foreign subsidiary abroad for financial year on or after 1st April 2014.
So question is all unlisted companies will get full exemption from consolidation even if single subsidiary is outside, because if we do plain reading of the section this is what is interpretation or only foreign subsidiary is excluded.
I feel full exemption will be there.

2. Further what will happen if company is subsidiary as per company act but not as per as 21, because because paid up capital includes convertible preference shares there can be situation company holds 60% of (equity + convertible preference shares) but only 10% of equity shares. so whether consolidation will be required or not,
i feel it is not required because it will become absurd.


NATVARBHAI K PRAJAPATI
17 June 2015 at 17:47

Residuel value fixed asset

if asset have expire all usefull -95 % w/off by dep ,how can written of whole amt of asset resi value 5 %
if no any realise value what is acct treat mate of 5 % resi value of fixed asset as per company act 2013


Revati Sathe
17 June 2015 at 16:31

Application for fast track exit

One Private Company want to apply for Fast Track Exit , but subscriber to MOA and AOA and first Directors are differenct persons, pl. know me which documents I should obtained from Directors and Subscribers or Affidavit and Indeminity Bond from Directors are sufficient.
2. In this case whether Board Resolution is required or EGM resolution will require.


nitin kataria
17 June 2015 at 15:40

Gift an immovable property

Can a Private Limited Company Gift an Immovable Property to another Private limited company. If yes, Please guide me about the procedure.
and also describe if any restrictions.


Debasish Mohapatra

Dear Experts,

Is there any provision for converting a partnership firm into a private limited company as per the Companies Act 2013?
I know that there was a provision for the same as per The Companies Act 1956.
Whether for 2013 Act the procedure is same or different.
Can you please send me the procedures/steps for the same if there is any change in the two Acts.


Thanks
Regards
Dev





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