As per section 142, remuneration shall be fixed by company in GM and in case of 1st auditor by BOD. now my query is 'in case of casual vacancy who will fix the remuneration?' because appointment is made by BOD but after appointment of auditor as per section 139(8) of the company..their is no requirement of conducting any EGM where members can fix the remuneration and BOD can fix remuneration of 1st auditor only as provided in section 142 what will be the answer to above query..please give your views

Is AOC-1 filing mandatory for F.Y 2015-16 for conolidation of financial stmt of associated enterprise for every company.

being a private limited i need to file roc my company was started on 19/12/2012
i have fail to do the filing
now i am trying to file roc for the year 13-14 by 23ac 23aca but the problem is it is not prefilling
further i tried the form mgt 7 aoc 4 this has showing that the date should not be lower than 01-04-2014

i have ask this from various expert but i have not yet get any proper answer in order to finished this compliance
so i hope my answer will be from u people
regards
shakil

Hi Everyone, Can any one clearify that in a Pvt Co. can a share holder hold 99% on behalf of a foreign company and 1% on his own name? For example: Indian Pvt Company X, Y an NRI individual and Z is a foreign Company. In this case can Y hold 99% shares of Co. X on behalf of Co. Z and 1% on his (Y) name? If possible please refer relevant section or rule. Thanks....

Dear Sir,
A Private company has given loan to one related party and also taken the unsecured loan from other related party. Is this possible under companies act 2013 to set off the two loans after getting the prior permission of both the parties. Is there any violation or not.

In a Section 8 company not having share capital, the chairman of the company is not available as he is abroad. Md is not appointed in the company. So as per Sec 134(1) of the Companies Act 2013, who shall sign the financial statement of the company to be treated as valid. According to Sec 134(1) the financial statemnet shall be signed by chairperson of the company, if authorised by the Board or 2 directors out of which one shall be MD and CEO,if he is director, CFO and CS, wherever appointed.

We have filled Form PAS-3. In this authorized capital and paid-up capital was wrongly mentioned same. Also their is mistake in allotment list. The form being STP mode has been approved. Now we have to change the form. What can be done for it ? Please guide me ASAP.

Suppose there is Private Limited Company ‘XYZ Pvt. Ltd.’ to which ‘Rotation of Auditors’ is applicable.
Facts are as follows:
(a) ‘M/s. RS and Associates’ was serving as Auditors of the Company till the FY 2013-14.
(b) Then the Company appointed ‘M/s. PQ and Associates’ as auditors on 30/09/2014 for FY 2014-15
(c) Then ‘M/s. PQ and Associates’ resigned as auditors on 29/09/2014 and ‘M/s. RS and Associates’ were appointed as new Auditors.
(d) Now, ‘M/s. RS and Associates’ wants to resign resulting into creation of Casual Vacancy.
(e) The Company proposes to appoint ‘M/s. PQ and Associates’ as Auditors to fill the Casual Vacancy (which has already served the Company for a period of 1 year)

The issue is, can M/s. PQ and Associates be appointed to fill the Casual Vacancy u/s 139(8) and is the Clause (a) of Explanation II to the Rule 6(3) Companies (Audit and Auditors) Rules, 2014 applicable to M/s. PQ and Associates.

Dear Sir,

Please let me know procedure for allotment of share in case of a Private Limited Company, incorporated for Tourism Business, incorporated under automatic route in India, without taking approval from RBI & Forex, which is guess is correct.
Now company is in process of opening bank account, I need to know procedure for share allotment in case of Foreign National being the subscriber as per MOA.

How much minimum percentage of shares to be subscribed by the subscriber for a Private company incorporating with Authorised Capital Rs1,00,00,000/- divided in to 10,00,000 Equity shares of Rs10/- each.