Dear All,

A Public Ltd company having an exposure of 100+ Crs Bank loan exposure, has about 35 crs unsecured loans from Directors. As per the sanction terms, Banks has restricted repayment of Unsecured Loans during the currency of the Term Loan.

The company has opened a current account (Joint) in the names of two directors and one employee with a bank which is outside the consortium (without the knowledge of Bankers) and started depositing daily cash collections into that account and made repayment of Unsecured Loans to a tune of 5+Crs. Incidentally it was founds that the company is also not paying EMI since March 2020 and thereafter as the moratorium is extended.

Is the above act legally valid? Do banks have any recourse to the above stated facts? Can this act be construed as Diversion or Embezzlement of funds?

Sir/Madam,

Two companies having same directors and holding pattern same in both the companies , viz -98%,1% and 1%.
Are these two companies treated as associate company as per sec2(6) of the companies act 2013 .

Hi all

As you are aware that form is made available for filling w. e. f. 15.07.2020, I have few queries in respect to captioned form:
a. for which period, the said form is to be filled???
b. If it is required to be filed for more than one half year, then is separate filling filling is required for each period?????
c. One of my client, in abeyance of knowledge of applicability of the provisions have made allotment of share twice one in October 2018 and then in December 2019. How to show the same in the form. will it attract any penalty while filing the forms?????
d. What is penalty on account of delay in filling form PAS 6 as the due date ended on 13.09.2020????

Thanks in advance

Hello All,

I am incorporating a Pvt. Ltd. in which one of the directors in NRI (having PAN).

Please help me with documents to be obtained and process to be followed.

Thanks in advance.

Can a Minor be director of a Pvt. Ltd. Co. through Guardian
I've read various answers for tsi question on this website but they are all pre 2013.
I think the answer to this question changes post Companies act 2013.
Read more at: https://www.caclubindia.com/experts/ask_query.asp

I have a Private Limited company and was Renting an office. Now with Lockdown I am not using an office and I and my Staff are working from respective home. I need to have registered office address for MCA and GST. I have three options, Please advice if any are legally compliant.
1) My previous landlord has allowed me to keep letterbox outside his office.
2) Virtual Office at co-working spaces
3) FlexiDesk at co-working spaces

Hello,

I have filed RUN application. MCA has send names for resubmission. Reason mentioned was - "Proposed name is recommended for approval subject to liability under section 447/448 & 16 of the Companies Act 2013."

Can someone help with this ? What exactly is to be done ?

Thank you

In DPT 3 we have to fill up free reserves column, is this free reserve amount should be that of previous year 2019 balance or current year 2020 balance, please tell me.

R S Sai Kumar

Mr. A has taken loan from Mr. B of Rs. 100000/- and has repaid part of the loan of Rs. 50000/- to Mr. B through a Company M/s XYZ Pvt. Ltd. in which Mr. A is a Director. Whether such payment shall be considered repayment or not. Is there any consequence to be faced by the company or Mr. A in the above transaction.

Please guide.

While filling yearly Return of DPT 3 in point "h) Any amount received from a person who, at the time of the receipt of the amount, was a director of the company or the relative of the director of a private company", which amount to be filled - whether amount received during the financial year or amount outstanding as on 31st March,2020.
Since in the heading it is mentioned that "Particulars of receipt of money or loan during the Financial Year 2019-20 by the company but not considered as deposits in terms of clause (c) of sub-rule 1 of rule 2 of the Companies (Acceptance of Deposits) Rules,2014 and outstanding at the end of financial year i.e. on 31.03.2020"
Kindly resolve the issue as early as possible