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Recent Questions

Question added Jun 25, 2014 Corporate Law By priyanka singla , CA , Panipat

answers

241 views

Q. FORMATION OF A PRODUCER COMPANY - WHAT IS THE ONLINE PROCEDURE TO FORM A PRODUCER CO. AND WHAT ARE THE REQUIREMENTS FOR FORMING THAT?

Question added Jun 21, 2014 Corporate Law By sandeep sharma , CA , NEW DELHI

answers

314 views

Q. issue of share 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

Question added Jun 21, 2014 Corporate Law By sandeep sharma , CA , NEW DELHI

answers

252 views

Q. disclosure of interest - 2) This query is regarding disclosure of interest by director u/s 184 of CA 2013. The AB PRIVATE LIMITED company is having two directors MR. A &B. They are also member of this company. There is one more private limited company say CD PRIVATE LIMITED. This company also has same director and members i.e Mr A & B is also director and member of CD private limited meaning thereby both company have same director and members. a) AB Private Limited company is selling its goods to CD Private Limited in normal course of business and the same price at which it sells the goods to other non related parties i.e at market price. b) Now as per section 184(1) read with rule 9 ( Meeting of Board and Power) the interested director shall disclose his interest by giving MBP1 form to company and company has to file the same in MGT-14 with ROC for the above transaction of Sale/ purchase between AB & CD company. c) However as per section 184(2), the interest director shall not participate in such meeting. And in our case both the director i.e Mr A & B are interested. So the question is:- i) How to draft resolution in this case and who will sign the resolution? ii) Please share the format for this kind of resolution
Thanks in advance
Ca sandeep sharma

Question added Jun 21, 2014 Corporate Law By sandeep sharma , CA , NEW DELHI

answers

435 views

Q. DPT 4 - This query is regarding acceptance of Deposits. The AB PRIVATE LIMITED company is having two directors MR. A &B. They are also member of this company. Following is the position of unsecured loan of the company as on 31.03.2014 • Mr. A 10 Lakh • Mr. B 10 Lakh • Xyz P Ltd 15 Lakh (unrelated party, no relation with any directors, Members, relative etc.) • M/s C 20 Lakh (c is relative of director and is a proprietorships Concern) • Secured loan from Cholamandalam finance, TVS finance ltd. As per section 74 read with rule 20 of Acceptance of deposits rule 2013, in respect of any deposits accepted by the company before 1.04.2014 the company has to file DPT-4 by 30.06.2014. The repayment to xyx p Ltd and M/s C has already been made in month of May. Now the query is:- a) Which among the above five loans are to be reported in DPT-4 ? b) What is the format of Auditors certificate. Please share the same. c) Any other issue which u feel are necessary , please share the same Thanks in advance. We will be highly indebted for the act of kindness. CA Sandeep Sharma 9811307245

Question added Jun 20, 2014 Corporate Law By Sajal tomar , Delhi

answers

257 views

Q. Form 32 - which form we have to file in place of form 32 in New companies Act

Anwered By : shankygarg

Question added Jun 20, 2014 Corporate Law By nupur garg , CA , Delhi

answers

224 views

Q. NBFC - When can an NBFC liable to obtian registration under RBI Act

Question added Jun 18, 2014 Corporate Law By VIVEK JAIN , CA , Asansol

answers

297 views

Q. remmuneration to director - As per Companies Act, 2013 remmuneration is paid to director (Sec 197) after passing special resolution in general meeting for period not exceeding 3 yrs. My question is that period of 3 yrs is for new appointed director or for all the directors present. Then SR in GM to be pass fresh for each director which should be valid for 3 yrs ??

Question added Jun 16, 2014 Corporate Law By vivek jha , CA , East Delhi

answers

296 views

Q. consolidate financial statement - kindly do advices whether associate financial statement need to consolidated with financial statement of parent company, if applicable then whether it applicable on balance sheet prepared as on 31.03.14

Question added Jun 16, 2014 Corporate Law By brijesh khanna , North West Delhi

answers

267 views

Q. Management Services - Query Regarding Section 144 of Companies Act, 2013, What are the "Management Services".

Question added Jun 12, 2014 Corporate Law By Unkar , CA , Chittaurgarh

answers

339 views

Question added Jun 11, 2014 Corporate Law By Abhinav , CA , chd

answers

333 views

Q. Share Application Money - Pvt Ltd Company - A Pvt Ltd Company received Share application money on 31.03.2014 and wants to issue shares in the month of june, 2014.
Will new clause of 60 days period for application money will be applicable in the case????

Question added Jun 10, 2014 Corporate Law By naveen , CA , ghaziabad

answers

356 views

Q. appointment of auditor - required form after appointment for F.Y. 13-14 not filed with ROC till date--Now which forms are to be filed after Companies Act 2013

Question added Jun 09, 2014 Corporate Law By varitansh , CA , New Delhi

answers

326 views

Q. Bonus Act - Is it mandatory to pay maximum bonus(20%) in case of excess surplus are available.

Question added Jun 04, 2014 Corporate Law By CS DIMPLE JUNEJA , CS , North Delhi

answers

475 views

Q. Share Application Money - Dear Sir,
Please help me with the following: Our Company, a Private limited Company has Share application money pending before the Commencement of the Companies Act, 2013.
According to Section-42 of the Companies Act, 2013 Company is required to allot shares within 60 Days from the date of receipt of Share Application Money. If the Company is unable to allot the shares with in time it shall repay the application money within 15 Days.
Now our query is:
1) Whether Section 42 is applicable on the Share Application Money received by our Company before the Commencement of the Companies Act, 2013? If it is so, then from when the 60 Days criteria shall be taken into Consideration (From the Commencement of the Act, i.e. 01.04.2014 or any other date)??

Now, According to Section- 73-76 (Chapter V) of the Companies Act, 2013 and as per the Rules notified by the MCA under this Chapter, if the Company fails to allot shares and also fails to refund the share application money with in time prescribed then such money shall be treated as deposits
Now our Second query is:
1) If Section 42 is applicable and Company fails to allot the shares or refund the money, whether such share application money due for allotment shall be treated as Deposits? If Yes, from which date it shall be treated as Deposits?

2) Financially, If the Company is not in a position to refund the same even till the end of the Financial year and want to retain the same for a longer period then what step should be taken into consideration to retain the same?

Thanks in advance.

Question added Jun 02, 2014 Corporate Law By NAROTTAM MAHESHWARI , CA , Indore

answers

482 views

Q. Resignation from Director-ship. - I resigned from director-ship of a pvt. ltd. company by giving a regd. letter, but other director inform that due to company has changed the office hence he can not received resignation letter. As desired by them I handed over a resignation letter prepare by them on the letter head of the Company to them and take acknowledge by other director but more than fifteen days over still my name is appear as director in MCA site. What is the remedy available to me to resign from director-ship.

Question added Jun 02, 2014 Corporate Law By NAROTTAM MAHESHWARI , CA , Indore

answers

242 views

Q. Executive and non executive director. - May I know from MCA site who is executive director and who is non-executive director of a Pvt. Ltd. Company.

Question added May 29, 2014 Corporate Law By ANURADHA AGRAWAL , CA , East Delhi

answers

333 views

Q. Company law - whether a private company take loan from its directors, relatives, friends . if yes , in which section of companies act 2013.

Question added May 23, 2014 Corporate Law By CA Shraddha Vora , CA , Mumbai

answers

196 views

Q. queryall@rcjainca.com - I am a Lebanese national residing in Dubai. To apply for DIN I need to provide attested copies of my permanent as well as present address proofs. For attestation of my proofs, whom can I approach? Do I need to travel to Lebenon and get the Lebanese address attested?

Question added May 21, 2014 Corporate Law By Mayank Gupta , CA , Ghaziabad

answers

201 views

Q. Creation of new charge - How to create a new charge under ROC

Anwered By : Vikky Kumar Jha

Question added May 19, 2014 Corporate Law By NAROTTAM MAHESHWARI , CA , Indore

answers

227 views

Q. Name of the Director of a Pvt. Ltd. Company. - May I see the name of Director of a Pvt. Ltd. Company in MCA site, if yes what is the procedure.

Anwered By : shankygarg

Question added May 14, 2014 Corporate Law By MANOJ KUMAR AGGARWAL , CA

answers

253 views

Q. company name with india between in name - if i want india word in name of between company name which capital required

Question added May 12, 2014 Corporate Law By CA KIRAN LONDHE , CA , Mumbai

answers

216 views

Q. ROC Filing - I am trying to upload forms but at the time of uploading error message comes " File can not be uploaded properly please try uploading after some time " No presrcutiny error is coming .

Question added May 08, 2014 Corporate Law By deepak joshi , CA , Ghaziabad

answers

238 views

Q. roc - hi all,
I am facing problem while facing form INC 7 (Incorporation of co). It required a mandatory attachment of Specimen Signature in form 2.10 if the co. is a co without share cap. Now since i am filing the form for a co having share cap this form is not required to be attached but it is error -"Specimen Signature in form 2.10 is mandatory to attach". (When Check form button is pressed).

So, please help me ASAP, if any one is aware of this problem...

Thanks..

Anwered By : CA Satuti Mahajan

Question added May 08, 2014 Corporate Law By amit kumar bhatnagar , CA , Meerut

answers

332 views

Q. celling limit of audit of companies under companies act - Sir we want to know the Revised ceiling limit of audits for auditors under New companies law and in Income tax act

Anwered By : CA Satuti Mahajan

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