K Raghavan
This Query has 1 replies

This Query has 1 replies

Sec 301 provides for maintaining a register to record

(a)Any contract or arrangement entered into by a Company with its directors or relatives or firms in which such director or relative is a partner or private company in which such director is a member.
(b)Any contract or arrangement entered into by a Company with another Company (either public or private)where any of the directors or two or more of them togther hold 2% or more of the paid up share capital of the another company.

My query is regarding (b) above.
Does the word "hold" refers only to beneficial shareholding or to the shareholdings of the principal(the other company)who has nominated the director on the Board of the Company?

I have come across instances where transactions between holding and subsidiary are recorded in Sec 301 Register though none of the directors hold any shares in holding Company. There are also instances where Loans given by holding company to Subsidiary are reported in CARO annexed to Audit Report.

Is it the correct view or the concerned have taken a safer(?) course?


Teena
This Query has 1 replies

This Query has 1 replies

14 December 2009 at 12:11

Format of NBFC Mandatory Complinaces

I want the format of

1. Board resolution for framing KYC (AML) Policy.

2. KYC ( AML) Policy.

3. Declaration by statutory Auditor that we have not received any Public Deposits.

4. NIL statement for FDI

5. NOF Statement by statutory Auditor

6. Board Resolution for Not accepting Public Deposits.

If anybody is having any format of above things then please send me at earliset


Chandranil
This Query has 1 replies

This Query has 1 replies

14 December 2009 at 11:53

holding subsidiary

Dear Experts,

suppose a listed company has subsidiary there are listing and company law compliances

but if listed company has 100% subsidiary then in such case are there any more compliances required than the normal (51% subsidiary) subsisiary.


Sumit Aggarwal
This Query has 1 replies

This Query has 1 replies

14 December 2009 at 10:32

petion u/s 141

Dear friends,
please tell me the procedure to file petition in Delhi jurisdiction
u/s 141.since we lated 1 month 9 days in filing the FORM-8.
tell me full procedure e.g stamp duty require,filing fees, addressee etc
And plz don't suggest me to go for some professional help.


GAURAV SHARMA
This Query has 3 replies

This Query has 3 replies

14 December 2009 at 09:49

Change of Address

Our Company parmanent address is diffrent from Current office address. what i should do. shall i apply for change of address in company Act ? & how



Anonymous
This Query has 2 replies

This Query has 2 replies

13 December 2009 at 22:17

share transfer

hello sir, please help me out

There are two directors in a private company. Two more directors are appointed ( the new directors does not hold any shares and articles does not prescribe for any share qualification ) and one of the existing directors ( who holds 45% of the share capital ) has resigned. please help as to what formalities are to be followed for transferring shares to new directors ( as these are not the members of the company ). Whether any resolutions are to be passed ( if, yes , give me a format of resolution ?


subbufca
This Query has 1 replies

This Query has 1 replies

Hi,

a)Whether the loan from director of a private limited company is covered by provisions of sec 297 of the Act and need to be entered in the register maintained u/s 301 of the Act?

b) whether such loan should be reported in CARO report annexed to the Auditor's report

Kindly enlighten with expert views

regards
K S Iyer


CA.CS.V.Viswanathan
This Query has 1 replies

This Query has 1 replies

13 December 2009 at 18:51

Loan Given by a director to the Company

Respected Experts ,

In one my audit i come across such a situation

A pvt ltd had received a loan from one of its 2 directors Rs.20,00,000/- on which interest was paid by the company to the director at 10% (Its a Private ltd Company) .
What are the disclosure to be made?? whether the interest is allowable??
Will sec 299 and 301 be attracted??




Anonymous
This Query has 1 replies

This Query has 1 replies

12 December 2009 at 20:03

DIN

1) a private limited company was incorporated in 2002. None of the directors had obtained DIN sofar. What could be the additional fee if they obtain DIN now ?

2)A company has not filed DIN 3 though it was incorporated in 2005. ( and the directors had not informed their DIN to the company). Which option will be better for the company a)Receiving intimation from directors now and then file DIN - 3 or B)Let the intimation be backdated and file DIN - 3 now

Please urgent



Anonymous
This Query has 1 replies

This Query has 1 replies

12 December 2009 at 19:27

retirement and appointment of a director

In a private limited company, one existing director is going to retire ( there are only two members who are also directors ) and two new direcors are proposed to be appointed in place of retiring director. Please guide me as to the formalaties to be followed. (please provide me step by step procedure to be followed)






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