Dear Members,

I have recently filed Form 5 of a private limited company for increase in authorized share capital, but there is an objection from ROC that "the attached moa is not in proper order".

Does this means that the ROC require MOA as per Companies Act, 2013. If yes please let me know what about the subscriber page, it'll be old one only or any change required in it also.

Thanks

Pranay Patel

Sir,

whether it is mandatory to maintain register of Investment for Investment Company also?

In 372A(8)(a)(ii) of CA,1956 it is written as 'nothing contained in this section shall apply -
a company whose principal business is the acquisition of shares,stocks, debt. or other securities

Whether this sub-section also apply to maintaining of registers or only to 60% clause?

Regards

In a public Ltd. company there are 5 Directors. 3 of them are executive directors. Two are non executive directors. One of non executive director wants to become an executive director. All of them are family members. They are drawing remuneration in excess of prescribed limits under Schedule xiii and company is having inadequate profits. No remuneration committee is constituted as no independent director is there in that company.

Now the problem is that Section II of Part II of Schedule XIII can not be followed as it requires remuneration committee’s approval.

Kindly guide how to comply with the provisions of Companies Act. Can shelter of Section 314 be taken in this case? Is it possible? If yes Kindly suggest the whole procedure of the same?

There is a section 25 co which running a commercial project (say a shop). Surplus generated from such project, after meeting all expenses, is given/ used by the sec 25 co for a charitable purpose for the welfare of general public. Is it workable proposition?

Dear Expert,

Plz guide me that i have a sanction letter of Loan of Rs.15 lacs for dated 25/02/2013 then laon has been enhanced to Rs.20 lacs on 10/10/2013 .A form 8 of sanction of loan of Rs.15 lacs is not filed , should i filed two seprate form 8 (one for Rs.15 lacs and one for Rs.20 lacs) or only one form 8 for Rs.20 lacs

Dear Sir

As per new Companies Act 2013, can a private limited Company :

01. Issue and allot shares to more than 50 Persons ?

02. Provisions regarding Opening of Separate Bank Account, Allotment of Share withing 60 days from the date of receipt of Application Money, Application money should be received only through Banking Channels and not in cash etc.

Above two para applicable to the Private Limited Company

Director at the time of appointment was designated as Non-Executive professional Director, but later on he started drawing remuneration. Now he wants to appoint as Executive Director (Not MD and WTD).

Is it possible??

If Yes, Kindly suggest me the procedure of the same.

I need the draft MOA and AOA for the private limited company.Which is wrok in commodity and commodity derivatives .which main object is
To carry on business of commodity trading, warehousing ,processing and comsumption. Trading by way of (including commodity derivatives) broking, trading and hedging and to act as brokers and traders in all commodities and its derivatives, and to act as market makers, finance brokers underwriters, sub-underwriters, providers of service for commodity related activities buy, sell, take hold deal in, convert, modify, add value, transfer or otherwise dispose of commodities and commodity derivatives.

Can anybody send me the draft MOA and AOA for the Private Limited Company.
Its urgent.

Dear All,

Please clarify if commission to be paid to the director of a private limited company, then amount to being mentioned in board resolution shall be inclusive or exclusive of service tax? Thanks in advance.

Sir,

If any cs get membership number and COP from June 2013, can he certify form 32 for appointment of director from August 2012 or not.


Regards

Suraj Singh