Anonymous
This Query has 1 replies

This Query has 1 replies

24 December 2013 at 16:04

Company incorporation

dear friends,

I need your help in the below matter:

I submitted documents (Form 1, 18, 32) for formation of a public company and paid fee of Rs. 17200/-. Unfortunately, the form is marked as "Invalid and not been taken on record" due to more than two resubmissions.

The mistake was as follows

1 NOC from owner of registered office; and

2 One director was shown as MD in F-32, resubmit as a director, After incorporation appoint as MD and add on a clause on AOA.

I need your guidance as to :

- whether I need to file all the forms afresh?
- whether all the fees of Rs. 17200/- need to be paid again?
- Out of total fee of Rs. 17200/-, Rs. 16000/- is in respect of MOA. As, There is no mistake in MOA, can I claim credit of the same while filing the forms afresh.

Thanks in advance


SHREYANSH B SHAH
This Query has 5 replies

This Query has 5 replies

24 December 2013 at 15:50

E filling - mca

Hi expert

I have filled Form 1,18,32. but now the status shows " Pending for approval under regulation 17(6)".

Now it has passed 1 week but no action is taken by MCA

I want to Know whether the same is set aside due to Query or due to their internal Process.


Please guide me as my client demanding time within which approavl woould be granted.



Anonymous
This Query has 2 replies

This Query has 2 replies

24 December 2013 at 11:58

Holding of agm beyond due date

I have a private ltd. co. whose last AGM date is 30.9.2012 & till date the next AGM is not held.I have filed my income tax return 2 days back & have to file the Form 20B, 23AC & ACA. What is the penalty, if any & upto when can I hold my AGM without any restriction. Pl. reply soon

No permission had been sought before 30.9.2013, what steps can now be taken?


PANKAJ
This Query has 3 replies

This Query has 3 replies

24 December 2013 at 00:41

Egm

HIII CAN A SINGLE MAJORITY SHAREHOLDER CONDUCT A MEETING?? BRIEF BACK ROUND IS HERE I PURCHASED SHARES OF THE COMPANY AND I AM THE MAJORITY SHAREHOLDER THE DIRECTORS OF THE COMPANY ARE NOT RECOGNISING ME AS A SHAREHOLDER BUT THE TRANSFER OF SHARES WAS DULY DONE AS WELL I HAVE THE LETTER FROM THE REGISTRAR OFFICE SHOWING THAT CHANGE.....NOW WAT I WAS THINKING TO CONDUCT EGM AND REQUEST THEM TO CONVENE EGM IF NO ONE CAN APPEAR CAN I HOLD THE EGM ALONE AND PASS THE RESOLUTION TO KICK OUT HE DIRECTORS AND PASS THE AGENDA THAT I AM THE NEW DIRECTOR PLEASE GUIDE ME I WILL APPRECIATE


Mohit Kumar Naharia
This Query has 3 replies

This Query has 3 replies

I have one query relating to Revising / reopening of Accounts after their adoption in AGM if you can help me out than I will be thankful to you.

If the Company has adopted its audited accounts for the year ended 2011-12 in AGM held on September, 2012 & also filed Form 23AC & 23ACA (XBRL) but there is material error in the accounts which was noticed by the new auditor who has been appointed in the AGM held on 30/09/2013.Now Company wants to revise its accounts for the year ended 2011-12 & which can be done as per MCA Circular No.1/2003 dated 13th January, 2003 & MCA Circular No.5/2010 (attached herewith for your reference), but form 23AC & 23ACA can not be revised. So, can we submit the physical copy of balance sheet & profit & loss account along with covering letter stating that the revised balance sheet has been adopted in extra ordinary general meeting by the members as per the aforesaid circular ? or we can not revised the accounts ?

Your early reply on this will be highly appreciated.



Anonymous
This Query has 4 replies

This Query has 4 replies

RESPECTED SIR, I HAVE QUERY THAT IS X IS THE DIRECTOR OF THE COMPANY. NOW HE IS APPOINTED AS WHOLE TIME DIRECTOR FOR CHANGING HIS DESIGNATION. THEN FORM 32 IS COMPULSORY FOR FILLIES. IN WHICH SECTION HAS TO BE MENTIONED THAT IT IS COMPULSORY WHEN CHANGING THE DESIGNATION &FORM 32 SHOULD BE FILLED?


Manoj Prasad
This Query has 2 replies

This Query has 2 replies

23 December 2013 at 14:28

Transfer deed

A PRIVATE LIMITED CO, BOUGHT SHARE OF A PRIVATE LIMITED CO, BOTH ARE FROM KOLKATA,

I HAVE SOME UNUSED SHARE TRANSFERE DEED OF "MAHARASHTRA"

NOW FOR TRANSFER OF SHARES - CAN A TRANSFER DEED OF MAHARASHTRA BE USED.?...FOR KOLKATA COMPNAY BOTH TRANSFEREE & TRANSFEROR

REGARDS



Anonymous
This Query has 1 replies

This Query has 1 replies

23 December 2013 at 14:24

Section 185

ABC Pvt. Ltd. (Holding Co.) is giving guarantee to secure credit facility availed by XYZ Pvt. Ltd. ( Subsidiary Co.) from Bank by way of CCH facility.
Is that prohibited as per section 185 of Companies Act 2013 .

Please reply.


CA Yogesh Garg
This Query has 3 replies

This Query has 3 replies

23 December 2013 at 13:26

Loans to company & deposits?

Please Tell me in the light of provisions of New Companies Act 2013. Can a private company accept any unsecured loan from its members and/or directors? Whether the same comes under the ambit of Deposits as per clause 73-76 of New Companies Act 2013.
Reason of the Doubts.
Section 58A of companies Act 1956 specifically provides to not to include loan from directors and members. But as per me nothing contained in the current regime having clause 73-76 exclude the same.
Definition of deposits in the current regime includes loans in deposit.


Nirmala Agarwal
This Query has 2 replies

This Query has 2 replies

23 December 2013 at 12:44

Query under section 171(2)(i)

as per section 171(2)(i) 'A general meeting may be called after giving shorter notice than that specified in sub- section (1), if consent is accorded thereto-
(i) in the case of an annual general meeting, by all the members entitled to vote thereat;'


Our is a public limited company, two of our shareholders are minor and holding 0.0025 % shares of the company and can't sign.

Now my query is, am i need to get the letter from their guardian to sign the form 22A on behalf of minor....
or
we have any else option?






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