Anonymous
05 March 2015 at 10:18

Section 93-companies act 2013

Section 93-Every listed company shall file a return in form MGT- 10 with the ROC with respect to change in 2 percent shareholding held by promoters and top ten shareholders of such company, within fifteen days of such change.

Further the instruction kit to Form MGT-10 mentions as under

percentage of shareholding after the change - This field is auto-filled as per the below calculations: percentage of shareholding after the change = {no. of shares held after change - no. of shares held before change} 100 /no. of shares held before change.

This reflects that the change in 2 percent shareholding is of the shareholder himself and not on the paid up capital of the Company. However in a listed Company there are a lot of cases in which change in 2 percent shareholding is of the shareholding of shareholder himself.

In light of the above kindly clarify whether the change in 2 percent shareholding is to be taken on paid up capital of the Company or 2 percent change is to be analysed on change in own shareholding of shareholder between two dates



Anonymous
04 March 2015 at 23:14

Incorporation

I HAVE BEEN FILED INC-7 FOR PVT.LTD. REPLY FROM MCA21 IS THAT RESUBMISSION REQUIRED AS BELOW


"Clause 3(b) of moa should be given as per new act. Photograph in subscriber to memorandum not affixed as per rule 16(1)(a) of chapter 2. Form should be resubmitted by 19/03/2015 failing which the eForm shall be treated as invalid and shall not be taken on record. (Please refer Regulation 17 of the Companies Regulation, 1956)"
The following Form has to be Resubmitted
1. Form1"

THIS MEANS ONLY INC-7 TOBE RESUBMIT?

Photograph in subscriber to memorandum can be affix left side just name and address of subscriber?

give me formate of Clause 3(b) of moa should be given as per new act


CA SONIYA AGARWAL

Plz reply urgently , a pvt company was incorporated on feb 2014 under companies act 1956 , no first auditor roc filing has been done so far , kindly let me know is it compulsory to file with roc ,first auditor appointment for companies incorporated under 1956



Anonymous
04 March 2015 at 17:35

Fte under companies act

I want to know that as per annexure C of FTE how shall I treat the cash balance available for inoperative company since incorporation...
should i show capital at liability side and cash balance available at asset side??


CA Parul Saxena

Can a director take Rs.12400000 from its company to purchase personal property as per companies Act 2013??


shabina hasan
04 March 2015 at 15:40

Issue of share certificates

Dear Professional ,
i have a little query that when a pvt ltd company converts into public ltd do the share certificates issued earlier conversion need to change its name.Kindly throw some light in terms of Companies Act,1956.


Pradip Shaw & Co
04 March 2015 at 14:40

Wrongly charge satisfied in full.

Sir


Summary of problem:
present name : XYZ Pvt Ltd
Previous name: ABC Ltd
orginal Charge Date & ID: 25/09/2006, 10044535
Charge Modified time to time
After last modification dated 21/06/2011, modified balance was: 1269.00 lacs
Then a portion of term loan Rs. 269 lacs was satisfied as on 19/05/2014
Instead of modification company wrongly filed satisfaction of Charge ie Form CGH 4,
Entire charge has been satisfied because system understand only charge ID not amount. but actually loan exist as on date of Rs. 1000.00 lacs
Question: procedure so that charge will be reflected on MCA portal.


SHANTANU SHARMA
03 March 2015 at 22:51

Company act 2013

Hi friends
in sec.162 two or more director can only be apointed by a single resolution if before that resolution a resolution for doing so is passed in meeting.
Now my question is resolution for that resolution is to be passed in GM or BM.


Sarang S. Gholse

We have formed a Pvt Ltd company with two directors only who are shareholders only. Paid up share capital is 3 lakh rs only. Now we want to bring in 50 lakh rs from director (ourself) as unsecured deposit. Please give detailed procedure for the same. Is it required to file the same with ROC with complex procedure?


Santhosh Ganesh
03 March 2015 at 15:21

Allotment of securities

Dear all

what is the time limit for allotment of securities after receiving Share application money from the members for a public company?





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