Dear Experts,

Kindly reply to the following query:

Company has regularized the Additional Director as Director in the AGM held in May 2014.

Now, we need to belatedly file Form DIR-12 for change in designation.

Though the E-form does not mandatorily require Attachments for change in designation, shall we voluntary file ‘AGM Notice and Annexure to AGM Notice’ and ‘Board Resolution’ as Optional Attachments.

Please confirm the appropriate manner of filing Form DIR-12 for change in designation.

Also, please guide for any other compliances on the above matter.

Thanks a lot in advance for doing the needful to all.

If a statutory auditor of a company gives his unwillingness to be re-appointed as the statutory auditor in the forthcoming AGM but does not gives his resignation letter to the company whether, Form ADT 3 is to be filed with the Registrar of Companies in Form GNL 2?

Dear All,

Greetings.

One of a public limited company (say A Ltd.) has received share application money from a private limited company (say B Pvt. Ltd.). Now, A Ltd.alloted its shares not in the name of B Pvt. Ltd. but in the name of 2 directors of B Pvt. Ltd. As we know, a public limited company must have minimum 7 shareholders, A Ltd. has also only 7 shareholders including the 2 shareholders i.e. the 2 directors of B Pvt. Ltd. Further, A Ltd. has taken huge amount of Interest free unsecured loan from B Pvt. Ltd.
My Query is:

1. Is this legally correct to allot shares in the name of the directors of the company. If not, what is the remedy available for this act?

2. How the unsecured loan be dealt with as per the provisions of New Companies Act, 2013?

Regards,
CA Milan Agrawal

Dear Learned Professionals,

Section 173(5) provides that OPC & Small Companies can hold BM once in half calender year and the gap between the two meetings is not less than ninety days.

I wish to know the implications of this section on Disclosure of Directors interest and filing of Form MGT 14.

If we fall under 'small company' definition, can we hold the 1st BM of the FY in the month of August and File MGT 14 for disclosure of Directors Interest without paying additional fees.?

Please express your views and suggest

what is the Procedure of aPPOINTMENT OF MANGAING DIRECTOR IN pRIVATE COMPANY?

is it mandatory to hold general meeting or Board meeting is sufficient for appointment of MD in Private Company.
if both meeting is mandatory, then we need to file twice mgt 14.

does MR-1 is also needed.

AS per section 141(3) of the companies act 2013, A person cannot be appointed as an auditor of the company if he is already an auditor in more than 20 companies.
This was applicable both in case of private companies and public companies.

A draft notification was presented on 24th June 2014 for public comments in which this limit of 20 companies was made applicable only on public companies and thus as per the draft notification, the auditor can be appointed as an auditor in any number of PRIVATE LIMITED COMPANIES.

Is this correct??
Is the draft notification has been made into force??

I have recently joined a company which is named as 'XYZ Limited'. I joined it thinking of it as Public limited company. But when i went through the balance sheet of company i came to know it is pvt limited company. Can a private company operate without using the word 'pvt ltd' in its name..??

Hello..!!

Please provide MOA and AOA of section 8 companies asper companies act 2013 (section 25 company as per companies act 1956)..

Its Urgent.. Plz reply fast..

I have failed to file annual return for one my clients private limited company for p.y 13-14, is penalty payable as per new act or old act and guide me also about company law settlement scheme 2014 and how can i avoid such penalty??
Please do the needful

Dear sir,

As per Companies Act 2013, one director has to be Resident in India.If we incorporate a new company now(if both directors are foreigners),We can appoint a resident director after 6 months.So please suggest me which form to use to appoint a resident director?

Thank You