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Amit Agarwal
This Query has 1 replies

This Query has 1 replies

19 February 2014 at 08:19

Roc returns not filed

Dear Experts,

A Pvt ltd Construction company having construction business have uploaded for 1st year then after that did not filed for two years saying that there was no business. The 1st year return which was filed was having no income.

So now he wants to file his Return both Income Tax and ROC as he wants to take a project.

Can he file his Return for last two years, if yes then what are the consequences?


Ragavendra
This Query has 1 replies

This Query has 1 replies

18 February 2014 at 17:43

Investment agreement

I am located at Mumbai, one of wants to invest capital of Rs.3lac in to my business for period of time he wants agreement on stamp paper stating that i will be paying him interest monthly. My question to the experts is that, is this legal? and if yes than what amount of stamp paper is required and do same required to notaries and for what reason? Particularly for better view of experts below is the draft copy of agreement. please give your feedback.


DRAFT COPY

(To be executed on a non-judicial stamp paper of Rs 100/- or of appropriate value as per the Stamp Act applicable at the place of execution, whichever is higher)

This Agreement executed on this the ____ day of ________, 20 at ___________ by and between the parties with the following details:
COMPANY/FIRM
Name:
Owner:
Address:

INVESTOR
Name: M/s/Mr/Mrs.
Address:



The INVESTOR agrees to invest in the venture and policy of the COMPANY/FIRM for 12 months.
The invested amount: Rs_______________ (in words_________________ ____________________________________).
The INVESTOR understands the laws of investment and both the involved parties agrees to the following terms and conditions of this contract agreement:
• The FIRM agrees to have INVESTOR as one of the many INVESTORs for the investment related to the stock / derivatives / equity cash / commodities / forex /mutual fund business.
• The INVESTOR agrees to keep track of the developments of the venture or the policy during the course of the agreement
• The INVESTOR must put the invested amount in the bank account of the FIRM/ PROPERITOR as soon as the contract agreement commences.
• The INVESTOR will be paid 2.50% interest on invested amount either by cheque/cash monthly from next month the day of execution the agreement.
• The INVESTOR have the option of reinvesting interest paid amount to the capital invested and will be benefited with the interest (on capital investment + reinvested amount) of 2.50% from next month accordingly(Tick √ the box reinvest amount of interest paid).

(Signature of Investor)
• The INVESTOR agrees for the lock in period of invested amount till 3 month(any circumstances either withdrawal or termination), if INVESTOR wants to partly withdraw the invested amount(not more than 25% of capital invested) before LOCK IN period or maturity of agreement than will have to give a 15 day’s notice with specific reason & amount to be withdrawn.
• Either party to this Agreement may terminate this Agreement at any time without assigning any reason by giving 30 (thirty) days’ notice in writing to the other party.
• The INVESTOR must get the return of the capital amount within 5 working days of maturity of the agreement.
Both party shall strictly adhere to and abide the agreement clause; any amendment in the agreement by the OWNER will be bought to the notice of INVESTOR.
This Memorandum of understanding is covered by the laws of the Sovereign Republic of India and the States where the two parties are domiciled as Applicable. Any dispute will be attempted to be resolved amicably first, Then by mutually agreed Arbitration and finally under the law.
This agreement has been executed as on___________ and shall remain into effect for ____ months from execution date to Validation of agreement date: ___________

IN WITNESS WHEREOF, the parties hereto have set their hands and signatures on the day, month and year first above written

Signed for and on behalf of the Investor:


_____________________________________ __________________________
(Name of Investor) (Signature of Investor)

(Should be signed by individual / proprietor / designated partner(s) / designated director(s), as the case may be the guardian of the investor).

In the Presence of witness:

1. ______________________________


_____________________________
Name and Address Signature





Signed for and on behalf of the FIRM/ Proprietor:


__________________________________ __________________________
(Name of Proprietor) (Signature of Proprietor)

(Should be signed by Individual / Partner(s) / Proprietor)


In the Presence of witness:

1. _______________________________


_____________________________
Name and Address Signature



Anonymous
This Query has 1 replies

This Query has 1 replies

18 February 2014 at 16:28

Certificate of commencement of business

Dear Sir/ Mem
I have received Certificate of Incorporation of my Pvt. Ltd. Co.

Is there is any legal requirement as per New Company Act, 2013 for taking Certificate of Commencement of business

If yes plz provide me detail & formalities and No. of related form


Pooja
This Query has 2 replies

This Query has 2 replies

Dear All Experts,

Does anybody have a format of Auditor's Report and Directors Report as per the new companies act 2013. (if anyone has prepared drafted reports as per companies act 2013.)


Thanks
Best Regards
Pooja


Mohit Arora
This Query has 3 replies

This Query has 3 replies

18 February 2014 at 07:25

Application for din

I have Din1 form I have passport,PAN of my client. i have filled up the form. But i requested the experts to let me know the role of affidavit. And i came to know that a CA can upload that form from his login on MCA and that form is not signed by the applicant. So,without the sign of applicant,how can we file the form to the department. Advices & Suggestions are welcomed.


CA KOUSHIK MONDAL
This Query has 1 replies

This Query has 1 replies

17 February 2014 at 23:21

Form 32

A private limited company incorporated in 1998 in West Bengal misplaced it's Form 32. Can it be downloaded from MCA Portal? When I tried to view this documents in MCA portal-Category-Incorporation Documents, it said that No document exists under this category.
Pls help.



Anonymous
This Query has 1 replies

This Query has 1 replies

Whether Section 173 (1) of the Cos Act 1956 relating to furnishing of Exp Statement is applicable on Pvt Cos or Pvt Cos are exempt from furnishing Exp Statement if Articles contains a contrary provision?


juyalneha
This Query has 2 replies

This Query has 2 replies

17 February 2014 at 15:59

Relationship

please tell whether these companies are related companies:-
suppose company-A : Shareholding
father - 82% and rest others

In Company-B : Shareholding
with his two sons and daughter in laws

In company-C , these two brother holds share


co-B purchases from co-A
Co-C purchases from co-B
RELATIONSHIP OF COMPANY A&B and CO-B&C


Vijay Ramani
This Query has 4 replies

This Query has 4 replies

17 February 2014 at 13:41

Company incorporation related

Sir,
I have submitted all the necessary documents and made payments related to Company Incorporation.
Following re-submission query they have send where I need your valuable opinion / Help:

1) AOA top heading mentioned C.A.1956.

The Draft MOA & AOA are as per Companies ACT 2013. I have also checked that in AOA it is clearly mentioned The Companies ACT 2013.

I am not able to understand the query and trying contact in ROC Mumbai 022-22811493 & 22813760, but no one is picking up the call

Kindly guide in this regard.


Rajesh
This Query has 1 replies

This Query has 1 replies

Dear Experts,
I put the query 2 months before in the experts query column, but its very unfortunate to say that so called experts had no time to answer even simple questions like this. In the same way Even if we post a query regarding work related queries still it is not answered(never answered) sometime before it was a good website where the knowledge was shared but now it is not the case, thats why nowadays i am not viewing this website. Sometimes the articles are good. I am sorry to say this is the opinion i have now. CAN ANY EXPERTS WHO ARE GOOD IN COMPANIES ACT TELL ME WHICH BOOK IS BEST TO UNDERSTAND THE PROVISIONS OF COMPANIES ACT 2013.

Thanks & Regards,
Rajesh






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