belongs company documents handover director refused former
Dear Shriti kumari,
There was no OPPRESSION & MISMANAGEMENT as the Director was removed in EGM (which was called under a special notice by the member)
the member can apply under this section if there is a OPPRESSION & MISMANAGEMENT but here in this case the former director is not handing over the documents.
Then you can go for FIR against him as its now litigation proceedings if Companies facing some trouble due to this happening and some confidential documents are there.
You should take legal action against the parties
Can board fix the benpose date before the Board meeting where Agm Notice is being approved?
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Ankit Ltd. is a Reporting Company, where in AFSL Ltd is holding 18% shares in reporting company.
now while checking the majority shareholding in AFSL Ltd. we found:-
Individual Holding along with PAC (through relatives) is 35% only i.e below 51%
but there is a Another company Prix ltd. holding 44% Shares in AFSL Ltd. (Note Prix Ltd is a group companies closely held by promoters of Ankit Ltd)
should we consider Indivual +PAC + PRix Ltd. holding for considering majority holding in AFSL Ltd. for considering SBO?
THROUGH THE PROVISION SAYS THAT INDIVIDUALS WHO ARE HOLDING MAJORITY SHALL BE SBO.
As per the circular from MCA ,
Significant beneficial ownership is defined as :-
"significant beneficial owner” means an individual referred to in sub-section (1) of section 90 (holding ultimate
beneficial interest of not less than ten per cent.) read with sub-section (10) of section 89, but whose name is not
entered in the register of members of a company as the holder of such shares"
Now the question is if any natural person holds 10% share of the company then he shall be regarded as beneficial owner or not?
(as the definition says SBO are those who have 10% or more interest in company and whose name is not mentioned in the register of member of the company.
ownership beneficial significant definition real
At the time of filing of DIR-3 KYC we are required to attach PAN, AADHAR, PASSPORT.
So, my question is are these documents required attestation by professional like CA/CA/CWA along with self attestation?
Please Help
respect professional attestation requires documents what is the effective date of section 90 (The section related to beneficial ownership) ?
Click here to view / answer Share it onas we all know for appointment we need to file DIR-12, MGT-14 & MR-1 But in case of reappointment do i need to file DIR-12 ? IF YES THEN THERE IS NO SUCH option for reappointment in DIR-12. all you can select is resignation , appointment and Change in designation if i file DIR-12 then it will be treated as FRESH appointment I GUESS.
Click here to view / answer Share it onappointment hello everyone, the MD and WTD was reappointed on 01/04/2013 in Board Meeting helond on 01/04/2013 now we are required to reappoint them in 2018 as 5years of period has been expired. and as per section 196 of compamies act 2013, it says that that MD or WTD can be appointed not 1year before the expiry of the term now my question is he terms expires on 31.03.2018. so, can we appoint the as MD and WTD in the board meeting help in 29.05.2018 or we have to appoint them on BM held on 14.02.2018 which is earlier than the expiry of his term. help will be appreciated
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Dear Abhilash,
As per my view, If the case is related to the OPPRESSION & MISMANAGEMENT
Any member, who has right to apply under Section 244, may apply to the Tribunal under this Section 241.
An application may be filed for a complaint that:
(a) The affairs of the company have been or are being conducted
(b) The material change has taken place in the management or control of the company, whether by;
that by reason of such change, it is likely that the affairs of the company will be conducted in a manner prejudicial to its interests or its members or any class of members. These changes should not be a change brought about by, or in the interests of, any creditors, including debenture holders or any class of shareholders of the company.
Therefore kindly see, how you can go for.