Anonymous
This Query has 3 replies

This Query has 3 replies

20 June 2014 at 18:48

Security deposit

Company A & B are pvt. Ltd companies with common director. A is providing certain services to B for which consideration is paid to A at market rates. For the performance of contractual obligations, A is required to provide certain amount to B as interest free refundable security deposit.

Security deposit does not fall within the ambit of "deposit" as per Acceptance of deposit Rules 2014.

Deposit is defined to include Loan but there is no definition given for Loan.

In the given scenario, whether payment of security deposit will attract provision of section 185 which prohibits loan to be given to the director or to a concern in which director is interested?

Whether, section 186(7) relating to minimum interest rate will be applicable to security deposit also?


CA. SANDEEP SHARMA
This Query has 1 replies

This Query has 1 replies

20 June 2014 at 18:41

Issue of shares at premium

Dear fellow members,
Please spare your valuable time in giving reply to my query.
1) The company want to raise money by issue of further shares to its members at premium. As per my understanding of the CA 2013, we fall under clause (c) of Sub section (1) of section 62. and if that is correct then the question is

a) Who will issue the valuation report? No rule for chapter XVII- REGISTERED VALUERS are prescribed so far.
b) Can a chartered accountant issue the same? If yes then which method to follow. Can any one send me the format of valuation report by CA
c) Do we have to follow the private placement rule as prescribed for Section 42 i.e PAS-4, 5. 3.

If i am wrong then please suggest me how to issue share at Premium.
Thanks in advance.
CA Sandeep Sharma
9811307245


Arun
This Query has 1 replies

This Query has 1 replies

Hello sir, Greetings from Arun Shanks, Forwarding the mail from HDFC bank. Please help to understand the notice received. I spoke to the Mumbai Treasury office of the HDFC, they suggested to ask C.A to understand better as they would well aware of this. They want this certificate before 30th June. Please help, regards, Arun Shanks. Statutory Auditors Certificate. Dear sir/Madam, we find from our records that you have entered into Foreign exchange derivative contracts with our bank in FY 2013-14 against underlying exposure viz contracted exposure Extract of FEMA regulations: As per RBI guidelines A.P. (DIR Series) Circular No.32 dated December 28, 2010 issued on Comprehensive Guidelines on Over the Counter (OTC) Foreign Exchange Derivatives and Overseas Hedging of Commodity Price and Freight Risks. in the case of contracted exposure -AD Category I banks must obtain "Quarterly certificates from the statutory auditors of the users, that the contracts outstanding at any point of time with all AD Category I banks during the quarter did not exceed the value of the underlying exposures" Further, as per RBI guidelines vide A.P. (DIR Series) Circular No.2 dated 04 July 2013, while offering hedging products under the contracted exposure route to their customers may obtain an annual certificate from the statutory auditors to the effect that the contracts outstanding with all AD category I banks at any time during the year did not exceed the value of the underlying exposures at that time.


Nitesh Parmar
This Query has 1 replies

This Query has 1 replies

20 June 2014 at 16:42

Change in promoters

I have applied for name approval to mca for private ltd. co. in which i have shown two promoters name as a director, which has been approved by the MCA. now at the time of incorporation i want to change one of the promoter/ director from whom login i have applied for name approval can i do so.


Ashish Kedia
This Query has 3 replies

This Query has 3 replies

20 June 2014 at 12:45

Fema | transfer of shares (fc-trs)

Dear All,

Can any one of you provide me with the latest format of Form FC-TRS.

Thanks in advance.

Regards,

Ashish



Anonymous
This Query has 3 replies

This Query has 3 replies

20 June 2014 at 10:04

Strike off companies

Whether a Company which has been striked off for last 8 years for non filing of
annual filings and have some assets (by fault) gets liquidated by the Govt.
Whether revival is an option.



Anonymous
This Query has 2 replies

This Query has 2 replies

19 June 2014 at 20:28

Companies act 2013

whether companies act 2013 is applicable for ca final nov 2014 examinations??


pankaj
This Query has 1 replies

This Query has 1 replies

19 June 2014 at 16:39

Acceptance of deposits

ACCORDING TO NEW COMPANIES ACT 2013 A RETURN IS FILED FOR ACCEPTANCE FOR MARCH 2014 AFTER THREE MONTHS i.e 30 JUNE PLEASE ANYONE KNOW THIS RULE THEN PLEASE PROVIDE ME THE GUIDANCE ON IT


Mahesh Kakade
This Query has 1 replies

This Query has 1 replies

19 June 2014 at 16:36

Quorum of annual general meeting

Please guide me on the following issue of quorum my company AGM.

My Company is Joint Venture. 51% shares held by Indian Co. & 49% shares held by Netherland Co.

Total 7 members of the Company 6 members from Indian Co. and 1 member from Netherland Co. is members of the Co.

We have mutually decided the AGM will be held in the month of July at April Board meeting.

Now in some reason my Chairman and other 2 members of the Indian Co. are not in India.

As Section 103 of CL 2013 (174 of CL 1956) quorum for Annual General Meeting is Five members physically present also the same mentioned in our AOA.

Now, can I take a proxy of any one member of Indian Co. in favor of any one director to fulfill condition of the AGM quorum? Is proxy holding member constituting valid quorum of the AGM.


Guest
This Query has 4 replies

This Query has 4 replies

19 June 2014 at 16:21

Shifting of registered office

Hie experts....
Can you please tell me the procedure for shifting of registered office of PUBLIC COMPANY from one city to another city (Same ROC) under COMPANIES ACT 2013






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