DEAR SIR,

PLEASE GUIDE ME NEW PROVISION OF CO.ACT 2013.
IF OLD AUDITOR FILED 23B LAST YEAR AND NOW NEW AUDITOR APPOINT IN BETWEEN HOW CAN OLD AUDITOR REMOVE FROM HIS OFFICE BEFORE HIS TERM? WHICH FORMS FILLED UP AT THAT TIME BY AUDITOR AND COMPANY ? AND HOW NEW AUDITOR APPOINT IN THE COMPANIES ACT 2013. WHICH FORMS TO BE FILLED UP AT THE TIME OF NEW APPOINTMENT BY COMPANY AND AUDITOR?

Can a Statutory Auditor be appointed as an Accountant of the company.
If No, then what are the provision regarding penalties to the Auditor as well as to the Company under Companies Act, 1956 & 2013 or under other laws ( CA Code of Ethics, SEBI Act etc).

PS: Kindly support your reply with the relevent Section No. of the respective Act for better clarification & Understanding.

Thanks in advance

What is the Procedure Under Section 184 of the Companies Act, 2013.

According to section 164 of Companies Act 2013" No person who is or has been a director of a company which—
(a) has not filed financial statements, or
annual returns for any continuous period of three financial years;"


We want to incorporate a private company in which there are three proposed Director who are promoters also,but after filling INC-1, It comes our notice that one promoter/proposed Director is disqualified because he has been a director of a company which not filled annual returns for more than three years.
Now my question is how we can rectify this mistake as we have given the name of aforesaid person as proposed director of proposed company.

What is the procedure for changing registered office of Private Limited company with in same state and in same ROC?
what is the format of Special resolution?

Our company going to appoint Independent Director, and I want to know that limits up to which we can pay him remuneration.

and definition of Remuneration.

Proplem: ABC Ltd wants to transact with XYZ Ltd for a sum of Rs.15,00,000 and XYZ Ltd wants to transact with PQR Ltd. for a sum of Rs.15,00,000. Where as one Director of XYZ Ltd. is aslo a director in PQR Ltd. (i.e., Cover u/s 185 and 186). Now question is that : there is any voilation of law or panelty attraction and is there any disclosure requirement for ABC Ltd and PQR Ltd.

Hello Sir/Ma'am,

Whether any contribution made to the fund, which is directly in relation to the welfare of its employees, amounts to Charitable Contribution under Companies Act 2013?

Read more at: https://www.caclubindia.com/forum/sec-181-of-companies-act-2013-charitable-contribution-293920.asp#.U5LjAnKSxac

Dear Sir,

Please help me with the following: Our Company, a Private limited Company has Share application money pending before the Commencement of the Companies Act, 2013.
According to Section-42 of the Companies Act, 2013 Company is required to allot shares within 60 Days from the date of receipt of Share Application Money. If the Company is unable to allot the shares with in time it shall repay the application money within 15 Days.

Now our query is:

1) Whether Section 42 is applicable on the Share Application Money received by our Company before the Commencement of the Companies Act, 2013? If it is so, then from when the 60 Days criteria shall be taken into Consideration (From the Commencement of the Act, i.e. 01.04.2014 or any other date)??

Now, According to Section- 73-76(Chapter V) of the Companies Act, 2013 and as per the Rules notified by the MCA under this Chapter, if the Company fails to allot shares and also fails to refund the share application money with in time prescribed then such money shall be treated as deposits

Now our Second query is:

1)If Section 42 is applicable and Company fails to allot the shares or refund the money, whether such share application money due for allotment shall be treated as Deposits? If Yes, from which date it shall be treated as Deposits?

2)Financially, If the Company is not in a position to refund the same even till the end of the Financial year and want to retain the same for a longer period then what step should be taken into consideration to retain the same?


Thanks in advance.

pre scrutiny button not working in form 22 and it is not showing any confirmation .I downloaded again and filled but pre scrutiny button is not working.