Dear Friends,
There are 4 Pvt Ltd cos in a group.
A Pvt. owns a commercial building on one floor of which it has its own office and as well as the offices of other group companies which share common space, manpower and facilities. They have made this place as a corporate office and to register it as a communication office for bank purpose.The banks want them to provide a proof of tenancy ie. rent agreement.But the problem comes with the provisions of Related party transactions under section 184 of CA
All other floors are available to let out and rent is very high in the area. So if A Pvt Ltd charges a rent which is not an arm's length price, then provisions of RPT. will tigger.
So, please let me know your news on the following.
1. Is this transaction i.e. sharing common space attracts related party transactions.
2.How to determine the rent payable by each co that it doesn't attract RTP provisions
3. Is there any way that the RPT doesn't apply in this matter?
4. Can a single rent agreement be made as a co-lease in which one company is lessor and rest 3 as lessee and a common terms and conditions applicable to all is it legally acceptable agreement.
Dear All,
Can a partnership firm lend money to private limited company where director of a private limited company is a relative of the partners of the said partnership firm?
Thanks & Regards
Nirmal Dave
The Net Worth of a Private Limited Company is Rs. 100000. Its taking a loan from its director of Rs. 400000. Is Special Resolution needed for this purpose or Board Resolution would suffice. Moreover is MGT 14 needs to be filled ??
Answer nowDear All,
I would like to know whether an Indian subsidary company can give loan to its Foreign Holding Company? Are there any restrictions or procedures to be followed as per Companies Act, 2013 , FEMA & RBI regulations?
Hello Experts, I recently started my CA Practice and am interested to get practical knowledge about MCA filings and other Corporate Compliances. So, I have a thought of purchasing such MCA filings and other compliances courses, if anyone offers. So please refer to me if anyone is providing such courses.
Thanks in Advance.
1-With inclusion of Traders in the Definition of MSME as micro, small & medium enterprises, do listed companies have to show such traders separately in msme diclosure in notes to accounts or can it be shown together with other msme enterprises altogether .?
2-Also please advice whether traders registered as medium Enterprise need to be disclosed or Traders -Micro & Small Needs disclosure?
Sir,
whether valuation of shares mandatory for private placement?if yes who need to be done the valuation?Also provide the format of valuation certificate
Hi,
I would like to know how first auditor can be appointed by a Section 8 Company after the prescribed time limit under the Companies Act, 2013.
The Company was incorporated in Dec 2022. The directors failed to appoint first auditor within 30 days. Can the members now appoint first auditors even after the prescribed time limit of 90 days by calling EGM? What will be the consequences?
Dear Experts,
A Remark came from MCA asking for the following details for Name Registration process:
Kindly give me the required format for the same.
1. A declaration is required as per Rule 8A(1)(p) of Companies (Incorporation) Fifth Amendment Rules, 2019 stating that the requirements mandated by the respective regulator have been complied with.
2. NOC
Their was a company which was incorporated on 11/12/2023 ans as per rules its financial year is to be closed on 31 march 2024 and AOC-4 MGT-7 needed to be filed in same year.
But it was not done and in this year AOC-4 & MGT-7 is filed in may month 2024 by taking financial year from 11/12/2023 to 31/03/2025 forms are approved.
So it will create any issue in future?
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Does Sharing a common place of work against rent comes under Related party Transactions