Law Aspire
18 November 2014 at 16:50

Section 188 of companies act,2013

Section 297 of Co’s Act,1956 was not applicable on related party transactions/agreement between two public limited companies. Based on that 2 companies entered into an agreement in the year 2012 which is valid till year 2018. Now is it required under new Co Act,2013 to take Board Approval or Members Approval for the agreement which is a related party transaction/arrangement . MCA General circular no.30/2014 dated 17th July 2014 says that if contract are entered after making necessary compliances u/s 297 of Co. Act, 1956 which already came into effect before the commencement of Section 188 of Co. Act,2013 will not require fresh approval under the said Section 188 till the expiry of the original term of such contracts.
But in the present case no compliances were done under Section 297 of Co Act, 1956 as it was not applicable between 2 public ltd Companies.

Kindly provide your views on this matter.


Nisha Sharma
18 November 2014 at 15:22

Regarding sec. 180(1)(c) of ca,2013



Dear All,

As this section applies form 12.09.2013 , in MCA circular 04/2014 mentioned that compliance of the requirements of sec. 180 is valid for one year from the date of notification of sec. 180 of the Act.

My question is that if the sec. comes on 12.09.2013 its applicability of 1 year validity is 11.09.2014 , from this date if borrowings increased or decrease from the amount disclose in bs 31.03.2014.

what are the compliances we need to follow.
Do we file every time MGT-14.

Kindly share your views.


CA SONIYA AGARWAL

I HAVE TO DO MEMBERS VOLUNTARY WINDING UP OF PRIVATE COMPANY , KINDLY HELP ME WITH IT , I HAVE NO IDEA HOW TO GO FOR IT, WHAT RESOLUTION TO BE PASSED?? , WHAT ROC FILING IS NECESSARY ??

AN EARLY REPLY WILL BE APPRECIATED.



Anonymous
18 November 2014 at 12:04

Llp

If the date of LLP certificate is 5.11.2014.in that case stamp paper date will be before certificate date or after that date...??



Anonymous
18 November 2014 at 11:30

Applivation for llp name

DEAR ALL,
I HAVE APPLIED FOR COMPANY NAME " MANGAL BHOOMI & DEVELOPERS PRIVATE LIMITED". THE NAME GOT APPROVED ON 17.11.2014.
NOW THE CLIENT IS NOT INTERESTED IN FORMING A PRIVATE LIMITED CO., HE WANTS TO FORM A LLP WITH SAME NAME " MANGAL BHOOMI & DEVELOPERS LLP".
MY QUERY IS CAN I APPLY FOR THE SAME NAME FOR LLP?
PLEASE REPLY VERY URGENT.
THANKS.



Anonymous

Additional director appointed and regularised as Director in AGM. Whether DIR-12 is to be filed? if so, whether fresh consent AND letter of appointment are to be filed as an attachment to DIR-12?


Pankaj Arya

Dear Professional Colleagues
We are changing the Objects and the Name of the Company. The RoC has instructed me to resubmit Mgt 14 and file MoA in Table 'A'.
Please suggest,will I have to adopt table 'F' also for Articles or can I retain my old Articles and just adopt table 'A' for Memorandum alone.

Thanks


Kunal Sachdeva
17 November 2014 at 18:35

Resolution format

Can anyone please provide me a board resolution format for approving appointment of auditor in an AGM, under the companies act,2013.
Thx in advance


rajesh pokarna
17 November 2014 at 16:22

Cash loans

i want to know the status of a loan taken in dec 13 from a partnerhip firm in which the only two directors are partners and the loan exists as on 31/03/2014 and the firm closed on 31/03/2014.the partnership firm has adjusted the loan given to the company as adjustement of capital accounts.

my query is how is it to be treated in the company books of accounts.



Anonymous
17 November 2014 at 16:22

Death of director

Please let me know the procedure to be followed in case of death of director of a pvt ltd company.I understand that i need to file e form dir 12 but what should be the attachments with that form .I also want to know if i need to get the Din disabled for that director.






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