Anand
This Query has 2 replies

This Query has 2 replies

14 July 2012 at 12:04

Form 23 for a complete year?

If a Public Company Passes a Special resolution at an EGM held at the start of the year and approves say 100000 shares to be issued during the year and mentions in the said resolution that the same should be in effect for next 12 month can same Form 23 ( Special Resolution ) be used for filling
In month of May for issue of 25000 shares
In Month of August for issue of next 30000 shares
And in the month of Nov for next 45000 shares

What I actually want to know that can 1 form 23 ( SRN ) registered in April be used for allotment during the year?



Anonymous
This Query has 1 replies

This Query has 1 replies

14 July 2012 at 09:05

Preliminary expenses

A company with a capital of 5 lacs had incurred prelinary expenses of Rs.70,000/- and the total turnover of the first year is about 9 lacs. What is the method that should be adopted for charging the preliminary expenses under the Companies Act, 1956 as well as the Incometax Act, 1961. Whether the entire expenditure can be charged under both enactments

Thanks in advance

Santhosh



Anonymous
This Query has 2 replies

This Query has 2 replies

14 July 2012 at 08:42

2 companies same registered office

can 2 companies have same registered office?
the directors are same in both company


SRINIVASAN
This Query has 3 replies

This Query has 3 replies

13 July 2012 at 23:05

Director

A Private Limited company is a 100 % subsidiary of foreign company. Four Directors has been appointed in the board as the nominee director of a foreing company in the articles of association. Except the above no directors are appointed till one year.

My query is that, under the Indian Companies Act, 1956 is there any provision which mandates that atleast one director shall be present in the board except the nominee director (or) directors.

Thank you for your replies in advance.


Gourav
This Query has 1 replies

This Query has 1 replies

13 July 2012 at 19:15

Auditor appointment

the auditor was duly appointed by the company at the AGM duly held on 30/09/2011 for the FY 2011-2012.

the company somehow missed to intimate the auditors within 7 days of the AGM about their appointment as statutory auditors.

the company is intimating the auditor about his appointment on 01/07/2012.(at this date auditor can accept the appointment as it is within his limits)

Whether this is valid?

What are the consequences of the same?



Anonymous
This Query has 1 replies

This Query has 1 replies

13 July 2012 at 19:05

Auditor appointment query

the company appointed the auditor of the company as "XYZ & CO, Chartered Accountants" in the duly held AGM on 30/09/2011.
At that date the auditor firm was a sole proprietorship firm.

But w.e.f 01/04/2012 the auditor firm, "XYZ & CO" has become a partnership firm.

Can the new partner who joined the firm from 01/04/2012, sign the auditor report & balance sheet of the company on 01/07/2012.

Or else what is the procedure,
Whether it is a case of casual vacancy?
Whether the company has to appoint the partnership firm again as auditors? if yes how??

or else what has to be done??



Anonymous
This Query has 3 replies

This Query has 3 replies

Kindly answer my Query as i have tried CCI forum and unfortunately no one could answer my question,Now i am looking forward for the expert opinion for the same.

My query is if the composition of the Board of the public company is 10 including 1-MD, 1-Director(Technical), 1-Director(Offshore) and subsequently MD of the company is superannuated and Director (Technical) is appointed as Managing Director as per order issued by Central government to take additional charge as Director (Technical) in that case what would be the total composition of the Board and what will be his designation? will it still be 10 or will it reduce to 9? in the above case is Designation counted or the strenght or heads counted for ascertaining the total composition of the Board?




Anonymous
This Query has 2 replies

This Query has 2 replies

13 July 2012 at 13:28

Din 4

Dear All Experts,

In a Pvt Ltd Company, there are 3 directors vise A, B, & C.
A & B have their PAN base DIN but B has not filed his DIN 4. Consequently his DIN is not PAN base.
All the e-returns or e-forms are filed under the digital signature of A & B.
C has not DCS.

Is it mandatory to file DIN 4 for C ? What are the Consequences for non filing of DIN 4 for PAN ?

An early reply is highly appreciated.

Thanks in Advance..


Rajesh Heda
This Query has 2 replies

This Query has 2 replies

13 July 2012 at 12:46

Removal of auditor

Dear Sir/Mam,

Case is like that :

Say Pvt. Ltd. Co. appointed M/s. ABC as its auditors in EGM and M/s. ABC was the auditor for fy. 2010-11. And in AGM held on 02 nd sep. 2011 M/s. ABC reappointed.

Now Co. want to appoint M/s. XYZ as their auditors for fy. 2011-12.And remove M/s. ABC before their term.

What is the procedure for removal of auditors appointed in EGM of the Pvt. Ltd. co.
& Appointment of new auditor in his place.

I think EGM is sufficient for removal of auditor & appointment of new auditor in his place. and notice to be given to previous auditor & shareholders.

Is that so?
Is there any time specified for above procedure?
As company has only two directors, does that mean notice to shareholder is notice to directors?

Please guide.

Thanking you.

CA Rajesh Heda


Naga Bharathi
This Query has 2 replies

This Query has 2 replies

13 July 2012 at 12:22

Director relatives rules, 2011

A private company appointed relative of a director as the chief consultant, with the monthly remuneration exceeding Rs.250000/-, whether the Director Relative(place of Profit) Rules,2011 are applicale for the above appointment?






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