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.

Respecteed Sir/Mdam

As per the third amendment in Incorporation Rules, 2016 if the details of subscriber holding valid DIN are already updated on MCA, separate proof of identity is not required to be attached in the incorporation form [Rule 16 (1)m]

However on uplaoding the form without the proof of identity, the form is asked to be resubmitted. Resubmission reason being :
To file proof of identity or declaration to this effect.

Please suggest and advice on this matter at the earliest.

Hi,
I have query about the Additional Director Re-appointment.

If an additional director was appointed till the next AGM but he was not regualrised and mca site is still showing him as an additional director then what are our duties to do in this behalf.
Whether we have to pass resolution in back date for his re-appointment ??
or
Whether he should be regarded as his directorship is vacated and vacation rules to be followed ?

Please reply as soon as possible.

Davinder Kaur

A private limited company has issued shares to the subscribers of memorandum. The subscriber has given a cheque for subscription of shares but the private company does not have any bank account till the end of financial year. The bank account has been opened after the end of financial year. The auditor has raised an objection for this.

Please suggest a way out..