Amit Pastor
05 January 2015 at 19:03

Deligence report

SIR,PLEASE SEND ME DILIGENCE REPORT OF ANY COMPANY WITH ALL ANNEXURES AND SUPPORTING DOCUMENTS.

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CA Gaurav Ajit Potdar

kindly help in clarifying this doubt
Facts:
a) Section 180 places restrictions on Board to exercise certain powers only with the consent of the company by a special resolution, which covers borrowing of money exceeding limits specified. this section is applicable from 12th September 2013,

b) Section 117 Requires certain resolutions to be filled with the ROC, which also includes special resolutions applicable in section 180 of the companies act 2013.Section 117 is applicable from April 2014

Query:
If a Company passes a resolution u/s 180 on 14th September 2013 then is this resolution required to be uploaded with ROC under section 117 ?

My View:
As per my view it is not necessary as date of applicability of section 117 is April 2014 hence resolutions passed prior to April 2014 need not be uploaded

Kindly provide your opinions/veiws

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vandana agarwal
26 December 2014 at 23:08

Commencement of bussiness

i have formed a new pvt ltd company ( Authorised & paid up capital is rs 1 lac )in august 2014.whether i should give intimation to roc by filling INC21.whether it is mandatory or not .plz reply at cakoderma@gmail.com

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sreenivasulu reddy

Sir, will anybody clarify me on the status of Draft Notification laid on the table of Parliament for exempting the private companies from certain provisions of the companies Act 2013 ?

Is it approved by the Parliament? If so whether the department has notified the same

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CA Hiren Thakkar
18 December 2014 at 12:29

Casual vacancy other than resignation

Casual vacancy arouse because of Merger of 2 CA Firms. I think it should be treated as Casual Vacancy other than Resignation. Please correct me, if i am wrong.

Also please let me know the procedure for filling up the casual vacancy and MCA Filling thereafter.

Thanks is advance...

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Rajesh Langalia

Can any learned member provide a step by step procedure for an existing pvt. ltd. co. to issue normal further shares ( no bonus, no rights )to 6 new friends and relatives (existing share holders are 2 and they are directors also) together with draft samples required for resolutions under the new companies act 2013 ? what it would be called ? a private placement for a pvt.ltd. co. ? pls. revert

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Anonymous
15 December 2014 at 10:37

Charge (form chg-1) petition

Company has taken loan from Bank but company fails to file form CHG-1 within specified limit. Now said Form is under Condonation (Petition). Form CHG-1 is filed with ROC. Now Company has taken another loan (Modification of aforesaid facility). My question is that Can Company file Modification Form if the earlier form is under petition.

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Pankaj

Dear Experts,

In lights of provisions of CA, 2013,
1) Can an EGM be held on a National Holiday?
2) and at a place Other than in the city where registered office of the company is situated?

So far, there is no section in CA, 2013 providing for calling and conducting EGM at a National Holiday and at a place other than in the city where registered office of the company is situated.

Please throw some light on the aforesaid cases along with any section, rule, circular, etc.

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prachi gupta

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.

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RAKESH KUMAR JAJORIYA
26 November 2014 at 11:26

Corporate guarantee

whether a company can give corporate guarantee to bank in light of the recent amendment to companies act for its group concern.
please clarify

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