Anonymous
This Query has 13 replies

This Query has 13 replies

I need clarification regarding appointment of Company Secretary in a company having paid up capital more than Rs. 5.00 Crore but less than Rs. 10.00 Crore.

Kindly please clarify that is board of director pass resolution for appointment of an Company Secretary whose Membership allotment application is pending at ICSI as on date of board resolution date. Board in it's resolution write that the person will hold office as Company Secretary from an specified date (For e.g. 01/07/2016) or date of allotment of Membership by ICSI whichever is later.

Is this resolution is correct in the eye of Companies Act 2013, kindly please clarify.


RACHANA DAGA
This Query has 1 replies

This Query has 1 replies

Whether DIR-8 is required to be submitted by every director of company in every financial year if they are not disqualified to act as director as per Section 164(2) of companies Act,2013????


l.narasimha rao
This Query has 1 replies

This Query has 1 replies

25 June 2016 at 11:15

Increase of authorized capital

DEAR SIR,

A COMPANY WANTS TO INCREASE ITS AUTHORIZED CAPITAL, IN THIS PROCESS IT HAS TO ALTER THE CAPITAL CLAUS IN MEMORANDUM OF ASSOCIATION BUT THE ORIGINAL INCORPORATION IS DONE UNDER THE OLD COMPANIES ACT 1956.

CAN WE ALTER CAPITAL CLAUS IN THE OLD MOA OR A NEW MOA IS TO BE ADOPTED, IF NEW MOA IS ADOPTED IS IT NECESSARY TO ADOPT AOA ALSO

PLEASE CLARIFY SIR,

BEST REGARDS,

NARASIMHA



Anonymous
This Query has 1 replies

This Query has 1 replies

24 June 2016 at 18:50

Resignation of director

Dear all,

Kindly guide me how to remove director from the company, as per companies act 2013, if he is unable to attain for 3 consecutive board meeting.

thanks in advance,


RACHANA DAGA
This Query has 1 replies

This Query has 1 replies

Whether DIR-8 is required to be filed by every director of company in every financial year if they are not disqualified to act as director as per Section 164(2)???????


trishup
This Query has 1 replies

This Query has 1 replies

24 June 2016 at 13:01

Sequence of events.

Can aomeone tell me if i am correct or wrong about the sequence of events: 1) First BOD prepares draft F.Statement and gives it to auditor. 2)Auditor audits it and prepares audit report and dates the audit report. 3)The auditor gives audit report to BOD and BOD approves it financial statements and signs on it and takes responsibility of F.Statement and they also prepare and approve Director's report(date of signing balance sheet). 4)The approved F.Statements are shown in AGM and auditors report and Director's report are also shown in AGM to shareholders. And when are the F.Statements issued to outsiders and shareholders? After AGM or before AGM.Are outsiders given F.Statement beforehand along with notice of AGM? please help ipcc student.


Manik
This Query has 2 replies

This Query has 2 replies

23 June 2016 at 15:49

Section 185 of ca,2013

I'm on an audit of a company and facing a problem w.r.t to company law and request you to please provide a solution for the same. Here it is:
There are 4 companies with a common direcctor, lets say A,B,C and D.
Now Co A is giving loan to Co B on 2nd June 2015 for rs 9 lacs which was repaid within 2 months and then another loan was given on 18th feb 2016and was repaid in installments by 28th march.
Now as per section 185 of CA,2013 or any other section of the act, is this loan a violation of the act? Or is there anything I should see in this matter.


CA Mallikharjun Penala
This Query has 3 replies

This Query has 3 replies

23 June 2016 at 14:53

Companies Act, 2013 - S. 185

If the company given the loan to the director and recovered in FY it self. What to do to avoid implications as per Section 185 of companies Act 2013??


RACHANA DAGA
This Query has 2 replies

This Query has 2 replies

Suppose a Company didnt file a return & balance sheet from 2013-14 and it has decided to file the forms now for all the years then what is the penalty?

Whether need to file petition to CLB for the same?


Piyush Lalwani
This Query has 1 replies

This Query has 1 replies

In case of Private Limited company in new companies act 2013, can they hold AGM outside India ? Last in Companies act 1956 i saw there was a proviso to section 166(2) but in new act i cannot see any such proviso in section 96.

There are only 4 shareholders in this small private limited company and all are abroad. Any suggestions on how to convene AGM ?






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