Subscriber signature in MOA has to be attested by at-least one witness and state that “I witness to subscriber(s), who have subscribed and signed in my presence; Further I have verified their identity details for their identification and satisfied myself of their identification particulars as filled in"

1) As per law who can be a witness?

2) Does the witness has to mention his address and qualification IN MOA while signing as witness?

A Proprietor firm overtaken by a Private Limited in 2013,the proprietor converted Director have 10% of total shares. Other two Directors have equal remaining shares. Now, the Proprietor Director want to remove other two Directors.
Is it Possible ??

sir,

inc-1 was asked to resubmit by mca.

shall i first download the submitted form?
or shalli upload the same form in my computer after making changes?
if the form is updated shall i use the new form?
Please clear my doubts

How many sections of companies act, 2013 applicable for cs executive dec. 2014 ?

IF A PERSON WAS APPOINTED AS ADDITIONAL DIRECTOR U/S 161 OF COMPANIES ACT, 2013 IN THE BOARD MEETING TILL THE CONCLUSION OF ENSUING AGM OF THE COMPANY

CAN HE COMPULSORILY DEPOSIT RS 1.00 LACS TO GET APPOINTED AS REGULAR DIRECTOR U/S 160 OF 2013 IN THE ENSUING AGM OF THE COMPANY

I HAVE REGISTERED A PVT. LTD. COMPANY IN JULY 2014. BUT CERTIFICATE OF INCORPORATION IS NOT YET RECEIVED EITHER IN SOFT COPY OR HARD COPY. CIN OF THE COMPANY IS SHOWING WHEN I TRACK THE TRANSACTION STATUS.PLEASE SUGGEST ME.

Dear Professional Colleagues,

Is it mandatory to file Form ADT-1 with GNL-2 for Re- Appointment of Auditor in every AGM?

I am in process of annual filing in ROC.Form 23B was mandatory to file under companies Act 1956 for re-appointment of Auditor for the next financial year. Is it Mandatory under Companies Act 2013? If yes may i know which form to file and due date of same?

Hi friends i have a query- As per the provision of Section 48 a particular class of shareholders can vary the rights with the consent of 3/4th members in writing or through Special Resolution passed in the meeting.

However as per Rule 4(3) of Equity shares with differential rights, the company shall not convert its existing equity share capital with voting rights into equity share capital carrying differential voting rights and vice versa.

My question is that doesnt the two statements contradict as section 48 says any right can be varied and rule 4(3) says that differential voting rights cant be varied

Respected experts,
I have already din, but i forget the din and srn number also. when we search on mca site, srn or provisional din is mandatory in search option.
please give me the way to find my din.

Thanks

rohit makkar

I have following queries on compliance related to related party transactions (RPT) under revised Clause 49 w.e.f. Oct 1, 2014:

Query 1: From the definition of RPT under revised Cl 49–‘a transfer of resources, services or obligations between a company and a related party, regardless of whether a price is charged’, does the expression ‘transfer of resources or obligation’ also cover loans, investments, provision of security or guarantee by a listed entity to its related parties?

Query 2: Material RPT defined as ‘a transaction with a related party shall be considered material if the transaction / transactions to be entered into individually or taken together with previous transactions during a financial year, exceeds five percent of the annual turnover or twenty percent of the net worth of the company as per the last audited financial statements of the company, whichever is higher’
In case, there are transactions with related party of varied nature such as purchase transactions, sale transactions, transactions related to leasing of properties, while identifying material RPTs, do we have to club all kinds of RPTs as under expression used ’taken together’ (i.e. Clubbing sales, purchase, lease transactions together and check if the aggregate value exceeds given threshold limits OR to club RPTs same only similar nature (i.e. Clubbing of only all the purchase transactions and check if the aggregate value of purchase transactions exceeds given threshold limits)?
Query 3: As per point no. 4.2 - the provisions of Clause 49(VII) as given in Part-B shall be applicable to all prospective transactions. All existing material related party contracts or arrangements as on the date of this circular which are likely to continue beyond March 31, 2015 shall be placed for approval of the shareholders in the first General Meeting subsequent to October 01, 2014. However, a company may choose to get such contracts approved by the shareholders even before October 01, 2014.

From this para, I understand we need to consider the value of only those contracts or arrangement with related party existing on the date of circular i.e. April 17, 2014 and continuing beyond March 2015. But do we have to consider value of each contract or arrangement or need to take the aggregate value of all the contracts or arrangements with the related party?

Request valuable inputs on these especially from those who have practically handled these issues.