Hi Everyone,
Will the following person is considered as a Related Party in a Private Company:
1. Private Trust who is a shareholder of the Pvt Company
2. Public Trust who is a shareholder of the Pvt Company
transaction party related
Dear All,
Kindly explain if the auditor of the company has resigned and if we have also appointed a new auditor in EGM and also has filed ADT-1, then
1. in next AGM, do we require to file ADT-1 again after ratification??
2. From where the tenure of 5 years shall start: from the year of EGM or from the year of AGM??
Dear all,
What are the consequences of not regularizing Additional Director in Annual General Meeting. What can be solution to get rid of additional fee?
director additional regularization
Hi,
Company A is a Public Limited registered on 2019, with 7 share holders out of which 3 are promoters. As per the requirements the Company take ISIN and demated the shares of 4 share holders (promoters and directors). Further the company has increased capital and allotted new shares and added new shareholders too. The initial subscriber (3) shareholders holding less than 1% is not open demat account and not complied with the procedures even after follow-ups and they were not responding to companies communications. What are your thoughts? whether its a mis compliance if 100% shares are demated? Is there any ways available to forfeit that shares? Or to transfer to IEPF?
minority shareholders response demat conversion shares deal
Dear Professionals,
Can anyone suggest me the documents for increase in capital contribution in LLP.
Dear Members,
The Number of Directors fall below 5 in producer co due to death of 1 director & company has appointed another due to this vacancy after 6 month is this amount noncompliance?
As per AOA the minimum requirement for director is 5.
Dear Professionals,
Being a PCS before affixing DSC of any Promoter on any Form under Companies Act. is it mandatory to take written Authority Letter for the same?
Thanks,
affixing
Dear Professionals,
Is DPT-3 Applicable on OPC Companies Also?
Thanks
applicability 
Pass the BR u/s 179 (3)(d) subject to the Limits;
RESOLVED THAT pursuant to Section 179(3)(d) and all other applicable provisions, if any, of the Companies Act, 2013 or subject to such modification and re-enactment thereof, consent of the Board of directors of the Company be and is hereby accorded for obtaining unsecured loan not exceeding Rs._________(Amount in words) from (Name of the Director), Rs. _________ (Amount in words) from (Name of the Director) in one or more tranches, and on such other terms and conditions as may be mutually agreed between the both parties".
Exemption to Private Limited :
SR u/s 180(1)(c) and file MGT 14 with ROC.
This will not get covered u/s 188 (related party transaction) as loan is not covered under Section 188(1).
As per Companies Act 2013:
2(76) “related party”, with reference to a company, means—
(i) a director or his relative;
(ii) a key managerial personnel or his relative;
(iii) a firm, in which a director, manager or his relative is a partner;
(iv) a private company in which a director or manager 1[or his relative] is a member or director;
(v) a public company in which a director or manager 2[and holds] is a director or holds along with his relatives, more than two per cent. of its paid-up share capital;
(vi) any body corporate whose Board of Directors, managing director or manager is accustomed to act in accordance with the advice, directions or instructions of a director or manager;
(vii) any person on whose advice, directions or instructions a director or manager is accustomed to act:
Provided that nothing in sub-clauses (vi) and (vii) shall apply to the advice, directions or instructions given in a professional capacity;
*****31[(viii) any company which is—
(A) a holding, subsidiary or an associate company of such company; or
(B) a subsidiary of a holding company to which it is also a subsidiary;
(C) an investing company or the venturer of the company;";
Explanation.—For the purpose of this clause, “the investing company or the venturer of a company” means a body corporate whose investment in the company would result in the company becoming an associate company of the body corporate.]