Audit points

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We bought coffee gardens and obtained physical possession 6 years back. However, mutuation/title deed are yet to be regularised in our name

Registered office of the company is built on land occupied by one Founder Director

This is an unlisted public ltd company. On account of succession, based on court's order, shares were transferred to one son but pending stamp duty payment, it is not yet tranferred lawfully over 4 years

Every year. auditors highlight this. Nowadays, NFRA are penalising companies.

Is there any threat from regulator?

 

Replies (1)

It seems like there are a few legal and regulatory issues that need to be addressed:

1. Mutation/Title Deed: You need to regularize the mutation/title deed in your company's name for the coffee gardens. This is essential to establish ownership and avoid any potential disputes.

2. Registered Office: Since the registered office is built on land occupied by one of the Founder Directors, you may need to formalize a lease agreement or transfer the ownership of the land to the company.

3. Share Transfer: The share transfer to the son is pending due to unpaid stamp duty. You should prioritize paying the stamp duty to complete the transfer and update the company's records.

4. Succession: Ensure that the company's articles of association and shareholder agreements are updated to reflect the succession changes.

 5. Legal Compliance: As an unlisted public limited company, you need to ensure compliance with relevant laws and regulations, such as the Companies Act, Stamp Act, and other applicable laws.

 It is recommended that you consult with a legal expert or a company secretary to address these issues and ensure the company is compliant with all regulatory requirements.

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