Anonymous

Dear Expert

Our Pvt company incorporated on 01.01.2014 but due to some reason we are not able to appoint auditor in BOARD MEETING within 1 month.

So we required to appoint the first auditor in the EGM.

I humly request you, please provide me resolution.

and if possible provide the procedure.

thanking you

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Shiva Arunachalam

Dear Sirs/Madam

A Person was appointed as an additional director in Company X in 2008, he was not regularized in that year ensuing AGM and till date he has not been regularized.

But such additional director has signed in all statements of Company post 2008.

What is the effect as of now under the Act and what is to be done !!! Kindly advise.

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deepak khandelwal
20 July 2014 at 21:23

Witness in moa

Who can be the witness in moa. any format as per companies act 2013

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Mukund Joshi

Dear,


As per Sec 143 (12) of New Companies Act, 2013 it is the responsibility of the auditor to report on frauds to CG. Whether auditor should report fraud even if it is not material or prejudicial to the company?

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Anonymous
20 July 2014 at 07:56

Appointment of auditor

dear sir

had not filed 23b for 2013-14. now what to do to ensure proper compliance for signing the balance sheet of f.y 2013-14.

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Anonymous
19 July 2014 at 15:52

Form adt-1 for previous appointments

In our company for FY 2013-14, Auditor is appointed in AGM and the same has intimated to Auditor. But Auditor has failed to file his appointment to ROC. Now no Form 23B is available on MCA portal to intimate his appointment to ROC.
1)How this intimation has to be given to ROC???
2) According to provisions of Companies Act,2013, Company has to intimate Auditor appointment to ROC in Form No. ADT-1.

What is the solution for this situation. Is ADT-1 has to be filed with ROC by Company. or is there any mode to intimate to ROC.

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Anil
17 July 2014 at 05:06

Audit qualification


A private company has been formed. Two people have signed the MOA saying they will subscribe to Rs.1 Lac worth of shares. But they have put in only Rs.50,000 together in the company. A third person who is not subscribed to MOA has invested 50,000. More than a year has passed since incorporation and no return of allotment is filed with ROC. In this regard I have following questions:


Queries:

1) Should the auditor treat Rs.1,00,000 received as loan since no return of allotment has been filed with ROC?


2) If the answer is yes, then it would result in no paid up share capital in the B/S. In this case should the Auditor qualify his report? If yes , what should be the wordings for qualification?


Please answer above questions separately for each question.

Thanks

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Sweta Bankim Jain

Dear Experts,
There is a pvt. ltd. co. which is not doing any business. Now one of our client wants to incorporate new pvt. ltd. co. So can our client takeover the former pvt. ltd. co the one which is not doing business and change its erstwhile name and registered office address. Also the directors will change. If yes then what is the procedure to complete the above transaction including any resolutions to b passed, forms to b filed with ROC etc.
Kindly reply at the earliest.
Thanks

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vineet jain
13 July 2014 at 12:09

Positon of promoter

is there is any change in position of promoter as per companies act ,2013 i.e any change in duties of promoter, rights of promoter?
is promoter is eligible to take remuneration as companies act 1956 allows to give remuneration to promoter

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Aparna Sharma
11 July 2014 at 14:54

Directors

In a Publc Company, total 7 directors out of which 3 are Independent directors & 2 are MD & WTD. As per Sec 152(6) atleast two third shall be retiring directors. kindly suggect the calculation.

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