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?

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.

Pls. clear me what is optimum figure for authorized capital? even though it starts from 1,00,000 onwards what would be the long term impact if i put 10,00,000 in place of 1L as authorised capital (except number of shared). Whether it will impact anywhere in future like balance sheet, repayment if company goes shut, any other legal criticalities? where are all it will reflect exactly?

A NRI wants to incorporate one man company in INDIA. Presently, he is out of INDIA. my question as under:

can a NRI do it?
is it necessary to present in INDA at the Time of Incorporation?

if any ca is in practice. and doing audit of some entities and opens a another sole proprietorship practice entity in the name of his wife (his name is not in new practice firm) for account maintenance of same entities( in reality he is maintaining account) of whom he is doing auditing .
Is it valid in eyes of law because the main purpose of various provisions is that the auditor must be independent . but threat of self review is exist here.

A Pvt company has 2 directors A & B. Director A loaned Rs. 5 lakhs to the company which was used to purchase machinery. The company is not returning the loan to Mr. A.
Can Mr. A sell or take over the machine?

Can anyone guide me the procedure for Conversion of Society into Section 8 Company.


Thanks & Regards,

In ROC E-Form PAS-3 Point No. 8 we have to mention debt structure of company. There are 3 particulars i.e. Debentures, secured loans and others.... I want to know what will come in others...? all short term and long terms liabilities which are not secured...?

What is the penalty for non-intimation for the appointment of auditor by a private company?
AND
What is the penalty if a private company failed to appoint an auditor within relevant time limit?

Sir/Madam,

What is procedure to appoint a Director in a Company Limited by Guarantee not having Share Capital u/s 8 Of Companies Act 2013. Company already has 3 Directors since its incorporation.

Thanks in advance for your Guidance.