respect professional attestation requires documents
Yes Abhilash ,
In the support of CS Gaurav Kumar we like to add :
If we see the language of the Verification
I declare that I have been duly engaged for the purpose of certification/verification of this form. It is hereby certified that:
mentioned in 2nd PARA:
* I have verified and attested the documents of the applicant based on the Originals documents produced before me.
Its mean that is mandatory to be attested all documents attached in form DIR-3 KYC along with professional Certification in FORM.
If eForm is digitally signed by a Chartered Accountant (CA) or Cost Accountant (CWA) or Company Secretary (CS) (in whole time practice) then the supporting documents attached shall be self-attested by the applicant.
The attesting authority must indicate the following while attesting the documents:-
(i) Signatures;
(ii)Name in full in Capitals;
(iii) Registration No.; and
(iv) Seal/ Stamp
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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 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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Click here to view / answer Share it onwhat are remedies available to the company and the existing director if the past/former director refused to handover some documents which belongs to the company. Is there any section allotted for cases like this? Note:- we have removed the director now he is refusing to handover the documents.
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Dear Abhilash,
Yes, attestation is required by the Professional.