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Can any one guide whether FLA is required to be filed in case of issuance of convertible notes to a foreign shareholder?
CN holder doesn't hold any equity share. He has invested only in CN on non-repatriation basis.
In case of private placement which is also a downstream investment as per FEMA. We have taken valuation from reg. valuer+ CA which is 5 months old... shareholders approved private placement basis this valuation and the same is filed with ROC.
In RBI filing the said valuation report being old than 90 days we may expect rejection from RBI and in such case we may take another valuation with current date only for filing purpose.
Please let me know if there is anything wrong in this practice. As per my view we don't need to link valuation requirements of both the laws. And can have separate valuation filed with different authorities. Please advise.
Please confirm when its applicable to file ?Click here to view / answer Share it on
Share format for "Declaration with regard to fulfilment of fit and proper person criteria, as per sub-rule (3) of Rule 3B, by all Promoters and Directors of the Company"
Required for filling of NDH-4
If in Private Company there are only two Additional Directors, that will be sufficient for considering BOD ?Click here to view / answer Share it on
Please confirm company can take unsecured loan from the directors and there relatives with zero rate of interest right ?
But while accepting deposit from directors, they must give a declaration to the company that the amount is their own money and not borrowed.
Please confirm if anything else need to be done ?
DPT-3 also need to be filed ?
Company failed to start its business since incorporation, in that case we can Take consent of all share holders in writing instead of passing special resolution for filing MGT-14 .
It will be the ground 248(1)(d)
248. (1) Where the Registrar has reasonable cause to believe that—
(a) a company has failed to commence its business within one year of its incorporation 1[or];
(b) 2[***] ommitted
(c) a company is not carrying on any business or operation for a period of two immediately preceding financial years and has not made any application within such period for obtaining the status of a dormant company under 3[section 455; or]
new: [(d) the subscribers to the memorandum have not paid the subscription which they had undertaken to pay at the time of incorporation of a company and a declaration to this effect has not been filed within one hundred and eighty days of its incorporation under sub-section (1) of section 10A; or
(e) the company is not carrying on any business or operations, as revealed after the physical verification carried out under sub-section (9) of section 12.]
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