Birendra Dutta
This Query has 1 replies

This Query has 1 replies

30 November 2015 at 17:09

Section 185 & 186

Good evening.

I have query in Section 185 & 186 of the Companies Act 2013.

There are three companies in which there are three common directors in each of the companies who do not hold any shares in the company.

All shares are hold by foreign company.

Now
1. There are inter company loan transactions.

2. Expenses are shared between all three companies through journal entries.

My question is:

Whether Section 185 and Section 186 applicable to these companies and

If the auditors give qualified opinion u/s 185 that there is loan granted transaction in any one of the company, what is the option available to the company to overcome the situation.

What would be best directors reply to qualified opinion of auditors to avoid any further litigation or to avoid penalty.?

And what would be the consequences of the qualified opinion by auditors u/s. 185 of loan granted u/s. 185 of the companies Act 2013 in future for submitting in AOC-4.



Anonymous
This Query has 2 replies

This Query has 2 replies

30 November 2015 at 15:54

Roc- annual returns filing

Dear Sir,

Iam facing difficulty in filing the ROC returns. After I upload the form SRN is generated and when iam proceeding to the payment it is showing the blank page. Kindl yhelp me in resolving the issue.


Geshman
This Query has 6 replies

This Query has 6 replies

30 November 2015 at 12:01

Associate company 2(6)

In the definition of Associate Company whether if the relatives of the directors or directors itself will have shares of more than 20% either by one director or combine with the other directors of the same company or together with the relatives could be considered as the associate company as per 2(6) ?

Ex. : A Pvt Ltd does not have any shares in B Ltd but

i. Director or Directors having 20 % or more holding
ii. Relatives and Directors together having more than 20%
iii. only relatives of the directors have more than 20 %

give the answers for all the 3 cases individually.



Anonymous
This Query has 7 replies

This Query has 7 replies

30 November 2015 at 11:47

One person company

Dear Experts ,

I have formed private limited companies earlier, but now i want to form OPC,
Please clear my doubts regarding
1) Can i formed it through integrated form INC-29.
2) Do i have to make change in memorandum & Articles which i have used in normal pvt cos
3) anything apart i need to make changes in formation of OPC.

Thanks


CA Harish yadav
This Query has 4 replies

This Query has 4 replies

30 November 2015 at 11:16

Mgt-9

Dear Sir/Madam,
Is Small companies required to file MGT-9 also ?



Anonymous
This Query has 5 replies

This Query has 5 replies

29 November 2015 at 18:17

Delay in appointment of auditor

Ho all,
my query is there is a Pvt. ltd. company which was incorporated on 7th july 2015 & has not appointed auditor yet. to the best extend of my knowledge directors have to appoint auditor within 1 month from incorporation of company (i.e. 7th aug 15) and if they don't appoint then shareholders within 90 days in EGM i.e. upto 7th nov 15 can appoint auditor. but till date same period is also laps. now can director by paying late fee & file con donation of delay appoints an auditor??? if yes the what is late filling fees. if not then can shareholders appoint auditor by paying late filling fees???


Sanjay Sharma
This Query has 4 replies

This Query has 4 replies

28 November 2015 at 18:08

Roc

Dear Experts, I have a query related to Incorporation of a New Company.
Mr. A & Mr. B had filed INC-1 for New company Named XYZ Pvt. Ltd. MCA had approved it. Now Mr. A dont want to remain with this Company and Mr. C want to join this company. what are the procedures for the New Company. Thanks in advance.


Ashish
This Query has 7 replies

This Query has 7 replies

28 November 2015 at 18:06

Law related to online services.

Dear All,
I am going to open a online services company , it will be of E-Commerce / Web Development / Education website so what are laws that should be kept in mind related to it moreover any special laws are there for these kind of services in INDIA.
Please suggest .



Anonymous
This Query has 1 replies

This Query has 1 replies

Dear Sir,
urgent please

If a Foreign Institutional Investor(which is also an investment company) invested 60% equity share capital in a indian private limited company through share subscription/ shareholders agreement.
In the agreements it has been referred as Investor.

My doubt is whether we need to call that foreigh investor as holding company of the said indian private company as per new companies act defenition or whether we can call it as joint venture?



Anonymous
This Query has 2 replies

This Query has 2 replies

28 November 2015 at 13:25

Problem of form1 of llp for name approval

Dear Sir/Madam,

During the filing of FORM 1, I have selected the option for state of Propsed LLP as Gujarat . But ROC office shown in the drop down box is only address of Registrar of Companies, Gujarat, Dadra and Nagar Havelli. Not Ahmedabad . ????????? Won't it creat any issue regarding the jurisdiction for RoC in the future? Please suggest and reply






CCI Pro



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