companies section applicability
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
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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
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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 
Exemptions to private companies 05.06.2015
Non-applicability of Sections 43 and 47
Section 43 deals with the kinds of share capital. The section provides for the different types of share capital and for preference shareholders’ rights during the winding up of the company.
Section 43 has to be read in conjunction with the corresponding rules, specifically, Rule 4 of the Companies (Share Capital and Debenture) Rules, 2014, which deals with equity shares with differential rights.
Among others, the rule provides for certain pre-requisites for issuing shares with differential voting rights, such as that the company should have (i) a consistent track record of distributable profits for the last three years, (ii) not defaulted on dividend payments to preference shareholders or any term loan repayment to a public financial institution among others, and (iii) not been penalized in the last three years by a court, a tribunal, the RBI, the SEBI or any of the other specified sectoral regulators.
The exemption notification provides that this section shall not apply to a private company where its Articles of Association (AoA) provide that this section is inapplicable.
The simplest interpretation of this exemption could be that none of the pre-requisites for the issue of shares with differential voting rights need apply to a private company. So technically, a private company which has defaulted on dividend payments to preference shareholders is allowed to issue equity shares with differential rights.
Further, the AoA could also provide that preference shareholders need not have any right to participate if the company is being wound up. While this is theoretically possible, it would be commercially unviable for a preference shareholder to subscribe to preference shares that do not have priority in winding up.
Section 47deals with the voting rights, and provides that every member having an equity share has the right to vote in proportion to his share. I urge the reader to please read these sections to have a better understanding of the provisions. Exempting private companies could mean that an equity shareholder need not have the right to vote at all, or a vote that is not in proportion to his shareholding.
In many venture capital and private equity investments, investors hold a higher number of preference shares and a smaller portion of the equity shares. In a round of funding by investor/s, the AoA can be amended to state that the investors can have a greater voting right for important matters of the company. Of course, in any case, all the important matters are already covered as ‘an affirmative vote item’ in most cases. (Affirmative vote items are items over which the investors have a definite vote without which the company cannot proceed, for example any merger or acquisition, or any purchase of property over a certain threshold, etc. can only be effected with the approval of the investor.)
The extent to which the new Act coincides with the Companies Act, 1956, post the introduction of these exemptions is quite clear.
Accordingly you may draft, hope it is fine.