Is it necessary to pass Special Resolution under sec 180(1)c for Borrowings and file MGT-14 even if the Borrowings of the Company is much lesser than its Net worth and will not increase its net worth in future at anytime? My company is Unlisted Public company.

As per rule 3

Every company including its holding or subsidiary, and a foreign company defined under clause (42) of section 2 of the Act having its branch office or project office in India, which fulfills the criteria specified in sub-section (1) of section 135 of the Act shall comply with the provisions of section 135 of the Act and these rules.


Does it mean applicable to company means automatically holding and subsidiary need to follow or we have to see applicability individually.

Can partnership firm & HUF be included in definition of sister concern of a company?

Dear Experts,

I am going to file INC 2, incorporation form for OPC.
I have drafted the MOA and AOA, but I have a query.

Should the witness (professional) also put his stamp/seal on the subscriber declaration page? Or merely the statement of verification with name and membership no, address, etc. suffice?

Is the official stamp of CA/CS/CWA etc. required in any place at all on the MOA and AOA?

Lastly, if I make an error in filing, how many attempts I will have to correct that error (without paying additional fees)? And if I use all the attempts, will I have to start from the beginning and pay full fees? (ie file INC 1 and 2 again)

Please answer, Thank-you for reading.

buy back of shares

How to explain entrenchment provisions in a simpler manner?

Please provide me the format of following:

1. Board resolution for private placement of shares.

2. Special resolution for approval of private placement of shares.

3. Application form

will appreciate your immediate response.

Thanks

Can company have MD & CEO both under new company act

Because under section 129
Financial Statement should be signed by two directors out of which one shall be managing director and the Chief Executive Officer.

Can anyone please explain.

Dear sir,

According to New Companies Act,2013 commencement of Business certificate is compulsory to be obtained for Public Ltd as well as Pvt Ltd companies. What is the date of effect of this law.

Below mentioned are the dates on which 3 separate new Pvt Ltd companies were incorporated. Please tell me whether it is compulsory to obtain Commencement of Business certificate for these 3 companies.

1) 08/08/2013
2) 14/03/2014
3) 21/03/2014.

Please reply,
Thanks

Dear Sir,

Kindly help with the following query

A private limited company wants to increase the authorised capital. The company was incorporated prior to 2013 act.

Now while making the changes in the memorandum for change in capital, do we also need to delete the other objects clause. The company is not carrying any business as mentioned in other objects. they are doing activity as per the main obejcts.
but since now the change is in 2013 so whether the other object clause has to be deleted or only change has to be done to capital clause.
also if the other objects has to be deleted, kindly inform the procedure and the forms to be filed.

Thanking you
Santosh Marathe.