Max Payne
This Query has 4 replies

This Query has 4 replies

17 July 2009 at 10:57

Statement in Lieu of prospectus

Which is the e-form we need for filing the Statement in lieu of prospectus in Schedule 3 form.

Can anyone give a format of resolution to be passed for making allotment to a director of the company against the share application money he has provided.



Thanks in Advance

Gk


Pushparaj. A
This Query has 1 replies

This Query has 1 replies

16 July 2009 at 19:32

Payslip

Hi,

Is this mandatory to provide payslips. If we don't issue the payslip to the employees, will this acquire any statutory compliane.

We do issue Form 16 for the staff annually and we get signatures for the salary credit in the register wherein the employees could be aware of the calculation.

If so, is it the task of an accounts team or hr. Kindly reply.

Regards
Samrat


GIRISH D.P
This Query has 1 replies

This Query has 1 replies

16 July 2009 at 14:04

corporate law

Please clarify me the following doubts

1. Can a Public or Private company receive share capital (application, allotment) in HARD CASH (and not through Cheque).

2. If they have done so, and alloted the shares and issued share certificates, WHAT ARE THE CONSEQUENCES? Please give me relevent sections and penalties.

GIRISH


Shamili G A
This Query has 3 replies

This Query has 3 replies

Dear Sir,
The Sec 599 of the companies act does not specify any limit for the penalty amount to be paid in case of default in filing the accounts,
but in the ROC's fee calculator the penalty for default does not exceed 1 lakh.
So is 1 lakh the maximum penalty amount? if So, which Act prescribes it?
Please help.....


Sanjay Jain
This Query has 2 replies

This Query has 2 replies

15 July 2009 at 20:19

Allotment of shares

Is it necessary for a pvt. ltd. company to file return of allottment of shares with mca?

Also what is the time limit for it from the date of receipt of subscription money?

Also when shares to the subscriber to moa has been allotted against the co. formation expenses incurred by it and the amount of expense is more than the minimum paid up capital of 1 lac mentioned in M&AOA, then for the amt in excess of 1 lac is it necessary to file form 2?


Sanjay Jain
This Query has 1 replies

This Query has 1 replies

15 July 2009 at 20:13

Company Formation Expenses

Can a ubscriber to the memorandum be allotted shares against the money he spent for formation of company? Expns will be shown under misc exp in balance sheet and corresponding entry will be in share capital a/c.

Please advise.


praveen agarwal
This Query has 1 replies

This Query has 1 replies

15 July 2009 at 16:05

ESI

Sir,

I want to know that if a employee gets basic wages & DA Rs.12000/-.then such employee will be covered under esi or not.

if employee will be covered under esi then contribution of employer & employee will be on 10000/- or 12000/-.

Praveen Agarwal
09415780770


Amruta
This Query has 3 replies

This Query has 3 replies

15 July 2009 at 15:43

Late filing of Annual Return

what are the procedure to be followedd if a Company has its AGM on 30th September 08 but does not file its Annual Return within a period of 60days.? is extention of time required to be availed?

thanks,
Amruta


GIRISH KUMAR
This Query has 4 replies

This Query has 4 replies

Dear sir,

Can anyone guide me the procedure for conversion of Private company into public company and also
sir, can I change Private into public first or change the name of the company first?


Prashant
This Query has 1 replies

This Query has 1 replies

14 July 2009 at 19:51

companies act

1.Two public ltd companies were formed. 2.The date of certificate of incorporation are 24-01-2008 & 08-05-2008 respectively.
3.The certificate of commencement of business has not been taken till today.
4.Subscribers to MOA & AOA are 6 individuals and 1 is listed public ltd company (say A Ltd). A Ltd subscribed for 49,994 shares out of 50,000 shares and rest of the individuals subscribed for 1 share each.
5.Till today neither from A Ltd nor from 6 individuals, money on account of share capital is received by these companies.
6.Further, while finalizing the annual accounts of A ltd, the above companies were not shown/disclosed as subsidiaries and there accounts were also not incorporated in the annual report eventhough there were no transactions/activites done since commencement certificate is not obtained.

So following queries are raised-

1.Does A Ltd really becomes the holding company eventhough it has not purchased share capital of these companies.
2.Now A Ltd does not want to be the subscribers to MOA & AOA simply because they do not want these companies to be its subsidiaries. So now what is the remedy?
3.Although share capital is not received, can A Ltd transfer the shares in others name & get rid of the status of holding company (if at all it becomes holding company)
4.What is the consequences, for not showing these two companies as subsidiaries in the annual report of A Ltd as on 31-03-09.
5.What are the compliances to be made for these two companies from the date of incorporation with respect to accounts, audit, AGM, board meeting etc.
6.Today also, they have not received share capital so then what accounts to be finalized and how to take AGM and what needs to be put up in AGM.
7.Further no commencement certificate is obtained. Can it receive share capital now.

Thanks in advance






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