limit investment exceeded
If a company has already exceeded the limit prescribed under Section 186(c) of the Companies Act, 2013 for making an investment in another body corporate, the company cannot cure this violation retroactively.
FURTHER, for making investments in other body corporates, there are a few options available to the company to comply with the provisions of the Act:
Regularization of investment: The company can regularize the investment made before the Companies Act, 2013 by complying with the provisions of the Act. The company can do this by passing a special resolution in the general meeting of shareholders, which should be passed by a majority of not less than three-fourths of the total votes cast by shareholders. The resolution should specify the total amount up to which the company is authorized to make the investment and the specific body corporate in which the investment is to be made.
Disinvestment: The company can also comply with the provisions of the Act by disinvesting or reducing its investment in the other body corporate. This can be done by selling the securities of the body corporate to third parties or by getting the body corporate to buy back the securities.
Seeking approval from the Central Government: If the investment has already been made and the limit prescribed under Section 186 has been exceeded, the company can seek approval from the Central Government to continue with the investment. The company will need to make an application to the Ministry of Corporate Affairs (MCA) along with the relevant documents and justification for the investment.
It is important to note that the special resolution should mention the specific details of the investment made, the amount of excess investment, and the steps taken by the company to regularize the excess investment. The resolution should also state that the investment was made in good faith and for the benefit of the company.
Hi Everyone,
There is one trademark application where the limit of one month has passed. Can we file for an extension? If yes, please let me know the procedure and eligibility, if any.
Dear Colleagues,
Opinions are invited on below mentioned query.
Which radio button to be selected from the following in e-form INC-22 while changing registered office from Secunderabad to Hyderabad :
1. Change in ROC within the same state
(Name of office of Existing ROC - ROC Hyderabad
Name of new ROC- ROC - Telangana)
OR
2. Change within local limits of city, town or village.
Even in this case, change is showing in the form from existing ROC Hyderabad to ROC- Telangana.
hyderabad secunderabad change office registered
A section 8 company is Incorporated , object is they will fund education of School kids n ol.
They want to take monthly donation from random public 500/- each monthly and with that it will fund the object. My question is:
1. Can a section 8 company accept such donation?
2. If yes, what are the compliance requirements?
Hello,
What is the procedure for a company to register a immovable property in its name if the property is currently belongs to another person who is not a shareholder of a company but he wants to be a shareholder of the company. The company has authorized and paid up capital of ? 1lac. Do we need to increase authorized capital and paid up capital of the company or transfer existing shares to the new person SH -4 will be enough? Please advise
--
company property immovable bringing shareholder
Hello,
What is the procedure for a company to register a immovable property in its name if the property is currently belongs to another person who is not a shareholder of a company but he wants to be a shareholder of the company. The company has authorized and paid up capital of ? 1lac. Do we need to increase authorized capital and paid up capital of the company or transfer existing shares to the new person SH -4 will be enough? Please advise
--
company property immovable bringing shareholder
Dear All,
With reference of the aforementioned subject, Kindly guide me where to check for GSTIN as no mail and sms has been received.
Thanks and Regards
Dear All,
Greetings of the day..
Please guide on the following:
A Pvt. Ltd Company had two Directors and one director resigned in August 2020. Only one director is there in company since then.
My question is what will be the consequences of having only one director in a Pvt. Ltd. company as the company wants to appoint a new director from the current date.
Dear Colleagues,
Request to accord inputs on below mentioned query :
Whether consolidation of Shares ( Compiling 12 Share Certificates into 1 Share Certificate) can be done ? If yes, post consolidation, Split of Share Certificate in the denomination as requested by the Shareholder and approved by the Board can be effected ? Considering Rule 6(1)(c) of the Companies(Share Capital and Debentures) Rules, 2014, the same can be done. Opinions are invited in this regard please.
PFA Share Certificates, the manner in which details will be filled complying the Companies Act.
Opinions are invited in this regard please.
shares split followed consolidation 
Dear Member,
According to section 186, if company exceeds the limit priscribed in the section then, prior approval is reqiuired by shareholder.
In your case since, approval from shareholder is not taken, you may call for the shareholder meeting and take approval now and also mention about the investment already made. This approval will be in the form of rectification.