Why Ministry of Company Affairs is strictly not followed their rules / laws unlike Income Tax Department ?

At many places the language used in Bare Act is grammatically confusing.For explanation I am quoting section 69 here.

"No allotment shall be made of a share capital of a company offered to the public for subscription, [UNLESS THE AMOUNT STATED IN THE PROSPECTUS] which, in the opinion of the Board of Directors, must be raised by issue of share capital in order to provide for the matters specified in clause 5 of Schedule II [HAS BEEN SUBSCRIBED], and [THE SUM PAYABLE ON APPLICATION FOR THE AMOUNT SO STATED] has been paid to and received by the company, whether in cash or by a cheque or other instrument which has been paid."

Please notice the phrases which has been bracketed. The first two bracketed phrases, if read together, reads like this - THE AMOUNT STATED IN THE PROSPECTUS HAS BEEN SUBSCRIBED. How can we use a phrase "SUBSCRIBE AN AMOUNT". "SUBSCRIBE FOR SHARES" can be used.

Similarly the third bracketed phrase is very confusing. "THE SUM PAYABLE ON APPLICATION FOR THE AMOUNT SO STATED"
What does that mean?

If a company is treated as a quasi partnership firm. what kind of voting rights will be executed in a general meeting i.e. will it be based on shares, as normally in a company, or will it be on number of partners.
Also where can i get reference on this topic on the net.
Thank you.

Please tell me the consequences when a company absorbed or amalgamated with another company which is defaulted in the payment of "Small Depositors".

Can you pls tell me when shares are in physical form and there is no R & T involved, is there a Board approval required to transfer the shares. If yes, what will be the effective date of transfer the date of the instrument or the date of the board approval??

An Additional Director was appointed in 2005 to hold office till next AGM (i.e. till Sept-06). He continued with the company till date and his continuation was not informed to RoC.

My query is:
1. Whether he is called as Additional Director to date?
2. Whether RoC be notified about his continuance now?
3. As he wants to resign now, under what capacity he should resign?
4. Does he need to obtain DIN/DSC and do role check at MCA to resign?
5. Is he automatically resigned from his portfolio after the conclusion of next AGM?

Kindly reply. Thanks.

A japanise co. plan to established a subsidiary in india (Noida)
Pls tell me about FEMA requirments.
In India : it is trading concern for electronic items

what is the procedure for a pvt company to wind up if it is voluntary winding up
which sections is it covered by??

PLEASE TELL ME THE EFFECT OF CHANGE IN COMPANY NAME, OUR TOURISM DEPARTMENT HAS NOT REGISTERING OUR COMPANY AS PER CHANGED NAME. THEY ARE ASKING FOR REVENUE PAPERS WHICH IS PERTAIN TO NEW NAME. WE HAD CHANGED THE ONLY COMPANY NAME AND THERE IS NO CHANGES IN THE SHARE HOLDRES AND THEIR SHARE HOLDING PATTERN, CONSTITUTION OF THE BOARD OF THE DIRECTORS OF THE COMPANY, AND THE OWNERSHIP OF THE COMPANY.THEY TOLD US IT HAS TO BE CHANGE IN THE REVENUE RECORD.

THANKS
CHANDER

My query is.In one of my clients case the Directors are changing on a Routine basis. In his case most of the Directors are of a Transferable Job hence they do not have a Permanent Address. In case of Address Verification can we use The Certificate issued by the Employer as Address Verification so that the DIN can be approved by the ROC. I also like to know what are the other kinds of documents that can be used for Address & ID Verification (other that the one mentioned on the DIN-1 Form).

I am a bit confused on this matter.