auditor statutory constitution change
Dear Members,
Greetings !!!
Has received a resubmission regarding the Companies incorporation rule, 2014 as per rule 13(5) stating that the Documents INC-9 and DIR-2 has not been Notarized and apostilled but according to the above mention rule it States that:
"13 (5) Where subscriber to the memorandum is a foreign national residing outside India-
(a) in a country in any part of the Commonwealth, his signatures and address on the memorandum and articles of association and proof of identity shall be notarized by a Notary (Public) in that part of the Commonwealth.
(b) in a country which is a party to the Hague Apostille Convention, 1961, his signatures and address on the memorandum and articles of association and proof of identity shall be notarized before the Notary (Public) of the country of his origin and be duly apostilled in accordance with the said Hague Convention.
(c) in a country outside the Commonwealth and which is not a party to the Hague Apostille Convention, 1961, his signatures and address on the memorandum and articles of association and proof of identity, shall be notarized before the Notary (Public) of such country and the certificate of the Notary (Public) shall be authenticated by a Diplomatic or Consular Officer empowered in this behalf under section 3 of the Diplomatic and Consular Officers (Oaths and Fees) Act, 1948 (40 of 1948) or, where there is no such officer by any of the officials mentioned in section 6 of the Commissioners of Oaths Act, 1889 (52 and 53 Vic.C.10), or in any Act amending the same;
(d) visited in India and intended to incorporate a company, in such case the incorporation shall be allowed if, he/she is having a valid Business Visa."
My Conclusion: it states that the MOA, AOA, and Proof if Identity should be Notarised and Apostilled.
So my question is whether it is mandatory to Appostile and Notarise the INC-9 and DIR-2 document executed outside India and if yes then kindly quote relevant rules or sections?
Thank you.
rule rules incorporation companies
Dear Members,
I received a resubmission on using the word PVT LTD in Letterhead instead of Private Limited Stating the Violation of Section 4 of Companies Act 2013.
Kindly Guide on the received Resubmission with relevant sections and Rules.
Thank You !!!
limited private instead submission
Dear Members,
Please describe the procedure of alteration of Share Capital when one Director, as well as Subscriber of the company, resigns from the company and another director takes his place.
Please tell the procedure to return the share capital introduced the foregone director and procedure for new introducing share capital by the new director as per new profit sharing ratio.
Thank You.!!!
capital share alteration procedure
Dear Members,
There is a small doubt, for filing Form FCGPR - can we use the valuation certificate issued by a Registered Valuer? Please advice. I got a re-submission saying that it is not allowed.
Kindly advice.
resubmission
Dear Members,
Can anyone please share with me the Format of Corporate due diligence report,
Thank You!!!
Hello All
I am having one Holding and its 4 Subsidiaries, For BEN-2 will be the reporting company and the shareholders of Holding Company who are having 10 or more than 10% shares they have to give ben-1 declarations to reporting company.
My query is while filing the form-BEN-2 I kept For the declaration of Significant Beneficial Ownership under Section 90
Number of Significant Beneficial Owners for whom the form is being filed -03
Details of First SBO got filled in the Form but while filing the details of Second SBO the CIN of the Holding Company is not getting filled and showing an error message of this.
If anyone knows the solution kindly share.
error owner beneficial significant
Dear Members,
Active co. has only two directors and these two directors vacated office due to strike off another Pvt Ltd.. group co. Now this Active co wants to induct new director thru back end process u/s 167(3). But this new director has to obtain Din before applying to ROC. These directors have no other company other than these two companies. Now for applying to DIN of the new director, form DIR-3 requires an introduction by another director of a company. They tried to get somebody to affix the DSC on DIR-3 but they did not succeed. These two directors are husband and wife and they are operating a small business.
Now please suggest an alternative to this problem so that they can induct new director thru back end process and complete the filing of the pending AOC-4 & MGT-7. They do not want to revive the strike-off company.
Members, Please suggest a practical solution to this. !!!!
Dear Learned Members,
We had incorporated a Pvt ltd company on 26/3/2019. And we filed adt-1 for the appointment of first auditor. And in ADT -1, we had the shown the period for which he had been appointed to audit the accounts as from 26/3/19 to 31/3/19.
Now after reading the definition of financial year in companies act 2013, we understand that the period that we have shown in adt-1 might be wrong. Bcoz as per the financial year definition, companies incorporated after 1st January must end its financial year in the following year.i,e 31st March 2020.
Although, we don't have issues in auditing the accounts for the period from 26/3/19 to 31/3/19 and conducting its first agm. But we don't know whether it will be legally right.
Please suggest if there is any way out from this problem. Can we revised ADT -1 and file again.
Regards,
company incorporated newly revised 
Hy Shreya!
first of all your query is appreciable,
there are some instances which can clearly be grounds of casual vacancy such as death, disqualification, resignation(list is inclusive)
and in case of casual vacancy ADT-1 is required to be filed to ROC within 15 days of new appointment and he shall hold office till the conclusion of upcoming AGM, and in AGM new auditor gets appointed.
However in case of casual vacancy due to resignation od auditor ADT-3 is also required to be filed by the resigning auditor.
now in your case it is change in constitution of firm from sole proprietor to partnership firm,
parnership firm is not considered as seperate legal entity anywhere except for the purpose of income tax act, 1961.
therefore it can be said that same auditor is doing audit irresective of change in constituion,
also we have the option to update the details of our auditor in AOC-4 which includes PAN, office address,name of partner etc.
therefore as per my understanding, it is not a ground for a casual vacancy we merely need to update the New PAN of auditor.
keenly waiting for other point of views also
thank you.