Anonymous
08 April 2011 at 12:53

Commission to non executive director

Our Company is a unlisted public ltd company. There is a change in the designation of one of our directors from whole time director to non executive director. However the Company proposes to pay commission to the said director. Whether the Company can pay the commision on quarterly or monthly basis though it is calculated on the net profit of the Company. Can he be called independent director? However Company is paying remuneration to WTD on effective capital basis.

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Tax Payer

I am one of the Directors of a Pvt Ltd Co. incorporated in the FY 2010-11. We have not yet received any Certificate of Incorporation from ROC. But we are able to see the status in MCA site as Active against our Company's name. To whom shall we contact for enquiring about the receipt of Certificate of Incorporation? Is there any call centres or help desk in this regard set up by ROC?

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VINITHA RAJESH

During the incorporation of the company, the key person was appointed through Form 32 as Whole Time Director. Now the person wants his designation to be MD & CEO of the company.

Should the company file Form 32 for change of designation and should they go through all the processess applicable for a Managing Director.

Please advice

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Ashok Mehta
29 March 2011 at 09:44

Borrowing u/s 293(1)(d)

Hi,

Just wanted to know whether non fund based limits given to a company be considered for computation of total borrowings u/s 293 (1) (d) of Companies Act, 1956.
What if the Board resolution specifically states that the company can borrow non fund based limits of XX amount

Can I find the solution to above in A. Ramaiya's Guide to Companies Act, 1956??
Kindly quote the reference

Thanks,
Ashok Mehta

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Anonymous
28 March 2011 at 19:31

Restriction on No of Main Objects

Hi Can anyone answer, whether there is any restriction on the no. of Main Object clauses that can be included in Memorandum of Association of a company??

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CA. CS. Paras Shah

Dear Experts,

Can you pls confirm,My client wants to register a company in name of "XyzHelp Pvt ltd."

whether use of word "HELP" in "XyzHelp pvt.Ltd." allowed to form a company with share capital.

So will ROC allow the above proposed co. to get registered with share capital in the name proposed above. IT will be a marketing company.

I mean will the inclusion of word "HELP" hit the provision of sec 25. As the proposed company(xyzhelp pvt ltd.)will have profit motive and will not be co. u/s 25.

So pls confirm and let me know.

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Devdutta
26 March 2011 at 17:07

Agreement without resolution

Any Agreement already registered by a Pvt. Ltd. for giving poa ,and to enter into development agreement without Board/General (meeting) resolution for the same is Valid or not ?

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Anonymous
26 March 2011 at 13:09

Alootment of shares

Can we allot shares at a lower premium than the earlier alootment at a higher premium.
Example- If we allotted shares @500 in earlier allotment, then can we allot the shares at the rate of Rs. 100/- in the present allotment.

The company is unlisted public limited company.

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Preety Gupta
25 March 2011 at 11:23

Determination of status

Can anyone tell me:
What will be the status of A Pvt. Ltd.

A Pvt. Ltd.------ B Pvt. Ltd ------- C.Ltd.
Subsidiary Subsidiary

Will the provisions of sec 269 of the companies act, 1956 will be applicable to A Pvt. Ltd. as the provisions are applicable for a private limited Co. which is a subsidiary of a public ltd. co.

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Pankaj
25 March 2011 at 09:38

Allotment

Whether sub division of existing shares of the company can be termed as 'allotment' as it is division of existing shares of the company into definate number of shares (larger in numbers than existing) each of particuler value (smaller than existing) and assignment of such larger number of shres to the holders of existing shares. (though the total value of those shares remains same)

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