In a Public unlisted company, the directors has passed a resolution to pay remuneration to the Managing Director which is crossing the limit of Schedule XIII, in april 2008 for which no approval of shareholders have been accorded. now kindly tell me the solution of the same that how the said board resolution can be approved?

Thank You Ankur Sir for your reply.But please solve this query too.

We had applied for the name availability for a Pvt. Co. on 19 th February 2009 and got the name approval on 24th Feb 2009 but due to some reasons, we cannot file form 1,18,32 and other documents with ROC......and the name got expired on 20 May 2009...

So in this case we didn't had 6 months time for submission of documents with ROC.Can u tell me the section which speaks of the 6 months time for submission of documents after name approval??

Regards

Priya Sharma

Company has to comply section 198 and 309 for managerial remuneration. Suppose upto 25 March, 2009 company is having sufficient profit ex. Rs. 25 Crore. But due to some reasons say fluctuation in currency exchange rate or government policy or heavy loss etc. and profit came down to Rs. 2 crore only and remuneration paid for 11 months is exceeding the limit as specified in company law is breached. So what steps to be taken?
Another thing is that how company can anticipate its net profit as per Section 349 to comply Section 198?
Can we ask MD and WTDs to refund the excess remuneration?
Can we ask them to give undertaking that if approval from ROC is not received than excess remuneration can be deducted in the current year?
Is it necessary to have prior approval of RoC? If yes, in the above case it is practically difficult to have prior approval in the above case.
Kindly request you to guide me. It is very urgent.

Dear Friend,

Agian how much fees which has to be paid for DIN Application.

Any other cost are incurred.

Generally how much charge to client

Dear Friend / Collegue,

Can you help me on how to apply for DIN.

Regards,
CA Radhesham Bhutada

Once a Pvt Co. has got name approval from ROC through Form 1A, so within how many months it can file form 1, 18,32???




Thanks in advance


Rgds

Priya Sharma

Shareholders of a closedly held LIMITED CO. passed a resolution on 13/9/2008 in connection with capital reduction, company has not taken any further steps as required now it do not want to reduce the capital, i,e want to recined the resolution passed by the shareholders in EGM dated 13/9/2008.

kindly reply what steps should company follow to recined the aforesaid resolution.

SOJATIYA VINTAGE AND CLASSIC CARS PVT. LTD. (SVCC) has been incorporated with the objective to carry on the business relating to Vintage and Classic Cars. Shareholders, Directors and their relatives whishes to contribute their collection of vintage cars and SVCC proposes to allot the shares against their contribution for consideration other than cash.

SVCC proposes to get the cars revalued from the authorized valuer and thereby create huge revaluation reserve as the book value of the cars is negligible. Considering the above facts we request you to please advise us on the following issues

1. What is the ideal time to get the cars revalued before or after the transfer so as to avoid any legal or other implication and to minimize tax liability both for the car owners and company?
2. Can the company issue bonus shares by capitalizing the revaluation reserve?
3. In case the cars are revalued prior to offering the same to SVCC and transfer the same at revalued price will the difference between the revalued price and the book value attract the liability of income tax to the car owners?

Thanks for ur kind information and Resol.
Plz send me Expl. statment of the Resolution.

Sir if it goes to compounding then for overcome the above proces of compounding shall i show his appntment in AGM w.e.f 29.09.2009. And remuneration paid to him previously i can show it as a consultancy Fee.

Plz send me Expl Stat. of Resol.
Thnks

Yes Sir i also want the Explanatory Statement of the same.

Actually company appointed this person on same salary w.e.f.1.4.2009 and not filed and resolved anything for same.

Is there any effect by late filing of Form 23 and 24B to MCA by showing E.G.M. on 01.04.2009. Can i file it bad dated ?
Or it goes to compounding? Let me knw.

Being d above reason i m taking his appointment in coming AGM we.f.29.09.2009.

Plz send me solution.