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

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

Dear Friends,

I ve read some discussions on the above topic which concluded that section 185 overrides section 186 of the Act,2013, since Section 185 is a saving provision when Section 186 starts with a phrase " without prejudice to ................ ".

As far as my knowledge goes, this phrase applies only to sub section (1) of Section 186 which speaks about investment through investment companies.

Can we say that Section 186 prevails over Section 185?

One of my client companies is a partner in a firm and one of its directors is also a partner. Before the Act,2013, this Company has been providing security to a Bank which has granted loan to the firm.

Can you throw some light on this?

According to Section 196 of Companies Act, 2013 Managing Director of all companies can be appointed only for a term of five years. Earlier this [provision was not applicable to private companies. in that case the period of managing director for five years will counted from 1 April 2014 ( Applicability of THIS SECTION) or before that ?

In case of our company MD was appointed in year 1984 and his term was not fixed as it was as per discretion of BOD. Now as section 196 of CA 2013 has now become applicable for private companies we can appoint MD only for five years. Shall we have to pass a Board resolution stating his term for five years starting from 1 April 2014 or will it be counted earlier from 1st April 2013. Please guide.

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.

Hi
Procedure for acceptance of a deposit from a director, any special provisions if this is only a guarantee given on behalf of the company?

Dear Sir,

As per the New circular Filing of DPT-4 form had been extended upto 31/08/2014 without additional fine but when we are filing the same MCA calculate additional fees pleas advice

When Filing the INV 5 form we are facing the problem in 2 and 3 stage please advice

regrds

what is the procedure of conversion of public company into private as per CA 2013

If Director has no interest in any other entity,

1. still it is mandatory submission of Form MBP-1 stating all the columns nil???

2. Is there requirement of MGT-14 filing with ROC even the director has no interest in any entity???

increase of authorised share capital by roc without filling any fees and form after that other company merged in it. My question if i am an auditor of merged company i am liable for penalty or not