If Company's property given as security to bank for Bank Guarantee, does this conclude to charge under sec 125 of the Companies Act, 1956 and will be required to file form 8?

Sir

In the case of a private company if the Board resolution is silient on affixing common seal on loan documents, will the documents be valid if common seal is not affixed or is it mandatory that the common seal is required to be affixed in all loan documents.

kindly clarify

Please Friends & Colleages..provide me your valuable suggestion...
One of the public company called its AGM on 29/09/2012.But due to non presence of required quorum, it could not be able to conduct its AGM.So it concluded to hold its AGM on 30/09/2012, which was a public holiday as it was a sunday. So please clarify me that the company has made a violation of any section of companies Act.
And it has also filed all its annual eforms with ROC with the AGM date of 30/09/2012. So in case of any notice from ROC regarding the holding of AGM on 30/09/2012, what is the position or points to be kept in front of that ROC's notice.

can any one say I submit form 1A on 3rd day of January 2013 and it is digitally sign by professional how much time will Roc take to approving it?

Hi,

Someone please reply to the following :

ABC Private Limited is a company registered under the Companies Act, 1956.

1. One Foreign Company was holding 50% as on 31.03.12 in the Indian company.

2. Same Foreign Company increased its holding to 99.50% on 30.06.12 in the Indian company.

Query

What is the status of Indian Private Limited company?

Ans : …………………..


What are the RoC compliances to be done, if the status of Indian Private Limited company is treated as a deemed Public Limited company?

Ans : …………………..


Is there any way to identity whether the Foreign Company is treated as Private Limited or Public Limited company?

Ans : …………………..


Kindly give your views, if any, in addition (for the purpose of my understanding on the subject matter), which may relate to the above queries.

Ans : …………………..


Thanks in advance.
(Kindly excuse, if the queries are not constructed properly or in the desired and appropriate manner)

Respected All,
I want to share following practical problem with all of you.

Facts :

Board of directors of a company appointed an additional director on 26.09.2012 in term of power conferred on them by the article of association read with section 260 of the Companies Act 1956.But intimation of such appointment was given to ROC on 20.10.2012 by filing Form 32.
First AGM of the company was held on 28.09.2012.. Date of Notice of such AGM was 27.08.2012. Notice of AGM was containing only following Agenda for discussion :

1) To consider and adopt the financial statement.

2) To consider the re appointment of statutory auditor.
By mistake nothing was mentioned about the re-appointment of above said additional director. Annual filing form has already been filed with ROC.
As per Section 260 of the Companies Act 1956, Additional Director shall hold office only upto the date of next AGM of the company.

In view of the above said discussion, above said additional director has automatically vacated their office ,by operation of law, as additional director of the company on 28.09.2012.
Now i want your advice on following queries :

1) Is it necessary for the company to intimate to ROC about vacation of office of additional director by filing form 32.

2) if company want to re appoint said additional director w.e.f. 01.10.2012 then shall we have to file two Form 32 (one for vacation of office and another of re appointment of said additional director.

3) Since the agenda in notice of AGM does not contain any business relating to reappointment of said additional director. can we skip to intimate to ROC about vacation and re appointment of director . Since Still the name of said director is showing as additional director on MCA portal in the list of company's director. and can re-appoint them in next annual general meeting to be held after 31.03.2013.

Dear Experts

Pl clarify whether we can directly convert word file of MOA/ AOA into PDF format. This file are not Signed by any of director. and Last subscriber page signed and witness can be scan manually and attached with converted file of PDF.

Are we correct in above process or not. pl advise.....thanks.

Dear Experts


Pl clarify and provide me the FORMAT of regd office proof to be attached with New Form No. 18.

Pl provide the format. thanks.

In a Pvt Ltd Company incorporated under co. act 1956 what are the limitations of an Additional Director. I have noticed that there is no option provided in eForms of MCA 21 for designation of Additional Director at DSC signing field. It means that an Additional Director cannot sign any eForms of his company. PL. clarify

Is it possible to appoint md, chairman, executive director before obtaining commencement of business of company??
Does commencement of business certificate affects the procedure for their appointment???