Ashiwini Ballodia
21 June 2014 at 13:09

Director details

How to Check in how many companies a person is a director with DIN No.?


Rajeswary A G
21 June 2014 at 12:36

Formation of a company

while filiing form INC -1 i forgot to add one letter in the name of the company and the name got approved. But I don't need that name. Shall i have to wait for 60 days for new name application or is there any other way


HEENA ANAND

How much private companies are included in this section?


CA. SANDEEP SHARMA
20 June 2014 at 19:42

Dpt-4 . acceptance of deposits.

3) This query is regarding acceptance of Deposits.
The AB PRIVATE LIMITED company is having two directors MR. A &B. They are also member of this company. Following is the position of unsecured loan of the company as on 31.03.2014

• Mr. A 10 Lakh

• Mr. B 10 Lakh

• Xyz P Ltd 15 Lakh (unrelated party, no relation with any directors, Members, relative etc.)


• M/s C 20 Lakh (c is relative of director and is a proprietorships Concern)

• Secured loan from Cholamandalam finance, TVS finance ltd.
As per section 74 read with rule 20 of Acceptance of deposits rule 2013, in respect of any deposits accepted by the company before 1.04.2014 the company has to file DPT-4 by 30.06.2014. The repayment to xyx p Ltd and M/s C has already been made in month of May. Now the query is:-

a) Which among the above five loans are to be reported in DPT-4 ?
b) What is the format of Auditors certificate. Please share the same.
c) Any other issue which u feel are necessary , please share the same

Thanks in advance. We will be highly indebted for the act of kindness.
CA Sandeep Sharma
9811307245



Anonymous
20 June 2014 at 18:48

Security deposit

Company A & B are pvt. Ltd companies with common director. A is providing certain services to B for which consideration is paid to A at market rates. For the performance of contractual obligations, A is required to provide certain amount to B as interest free refundable security deposit.

Security deposit does not fall within the ambit of "deposit" as per Acceptance of deposit Rules 2014.

Deposit is defined to include Loan but there is no definition given for Loan.

In the given scenario, whether payment of security deposit will attract provision of section 185 which prohibits loan to be given to the director or to a concern in which director is interested?

Whether, section 186(7) relating to minimum interest rate will be applicable to security deposit also?


CA. SANDEEP SHARMA
20 June 2014 at 18:41

Issue of shares at premium

Dear fellow members,
Please spare your valuable time in giving reply to my query.
1) The company want to raise money by issue of further shares to its members at premium. As per my understanding of the CA 2013, we fall under clause (c) of Sub section (1) of section 62. and if that is correct then the question is

a) Who will issue the valuation report? No rule for chapter XVII- REGISTERED VALUERS are prescribed so far.
b) Can a chartered accountant issue the same? If yes then which method to follow. Can any one send me the format of valuation report by CA
c) Do we have to follow the private placement rule as prescribed for Section 42 i.e PAS-4, 5. 3.

If i am wrong then please suggest me how to issue share at Premium.
Thanks in advance.
CA Sandeep Sharma
9811307245


Arun

Hello sir, Greetings from Arun Shanks, Forwarding the mail from HDFC bank. Please help to understand the notice received. I spoke to the Mumbai Treasury office of the HDFC, they suggested to ask C.A to understand better as they would well aware of this. They want this certificate before 30th June. Please help, regards, Arun Shanks. Statutory Auditors Certificate. Dear sir/Madam, we find from our records that you have entered into Foreign exchange derivative contracts with our bank in FY 2013-14 against underlying exposure viz contracted exposure Extract of FEMA regulations: As per RBI guidelines A.P. (DIR Series) Circular No.32 dated December 28, 2010 issued on Comprehensive Guidelines on Over the Counter (OTC) Foreign Exchange Derivatives and Overseas Hedging of Commodity Price and Freight Risks. in the case of contracted exposure -AD Category I banks must obtain "Quarterly certificates from the statutory auditors of the users, that the contracts outstanding at any point of time with all AD Category I banks during the quarter did not exceed the value of the underlying exposures" Further, as per RBI guidelines vide A.P. (DIR Series) Circular No.2 dated 04 July 2013, while offering hedging products under the contracted exposure route to their customers may obtain an annual certificate from the statutory auditors to the effect that the contracts outstanding with all AD category I banks at any time during the year did not exceed the value of the underlying exposures at that time.


Nitesh Parmar
20 June 2014 at 16:42

Change in promoters

I have applied for name approval to mca for private ltd. co. in which i have shown two promoters name as a director, which has been approved by the MCA. now at the time of incorporation i want to change one of the promoter/ director from whom login i have applied for name approval can i do so.


Ashish Kedia
20 June 2014 at 12:45

Fema | transfer of shares (fc-trs)

Dear All,

Can any one of you provide me with the latest format of Form FC-TRS.

Thanks in advance.

Regards,

Ashish



Anonymous
20 June 2014 at 10:04

Strike off companies

Whether a Company which has been striked off for last 8 years for non filing of
annual filings and have some assets (by fault) gets liquidated by the Govt.
Whether revival is an option.






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