The link to the web address referencing the Annual Return as per Subsection (3) of Section 92 is applicable to the company.
But This is because the company currently does not maintain an active website due to resource constraints, thereby making this item not applicable. IS it right way ?
The appointment of a director who is a resident or citizen of China to a company's board of directors typically involves several steps and considerations, depending on the jurisdiction and the specific company's requirements including DIN Clearance from MHA.
As per the Companies (Appointment and Qualification of Directors) Rules, 2014, individuals who are citizens of the aforementioned neighboring countries require approval from the Ministry of Home Affairs (MHA) before they can obtain a DIN and become directors in Indian companies.
Does the login has to be created for foreign national??
Recent Amendment in Companies ( appointment and qualifications) Rules by ministry of corporate affairs.How to get security clearance by MHA ?
As per , Notification dated 01st June 2022
I have submitted a security clearance application on behalf of an individual through the portal.
However, the status still indicates that the application is 'submitted.' Is there a specific time limit for approval, and if not, where can I raise a complaint or seek assistance in this matter?
Is there an authority or physical location where I can visit with the required documents to expedite the approval process?
I the director is of Taiwanese origion, will it be mandatory for getting security clearance
Please confirm after filing of an Application how to track approval on https://esahajmcaservices.nic.in/
How to verify for Directors Disqualification under Sec 164(2), vacation under Sec 167
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s per the exemption notification dated 5th June 2015, the provisions of Section 180 of the Companies Act, 2013 do not apply to private companies.
Section 180 of the Companies Act, 2013 deals with restrictions on the powers of the board of directors with respect to borrowing, and requires that any borrowing by a company that exceeds its paid-up share capital and free reserves must be approved by a special resolution of the shareholders.
However, in the case of a private company, the requirement for obtaining approval by way of a special resolution for borrowing under Section 180 has been exempted through the aforementioned notification. This means that the board of directors of a private company can borrow without obtaining the approval of the shareholders through a special resolution, subject to the provisions of the Articles of Association of the company.
However, it is important to note that the board of directors of a private company must still ensure that any borrowing undertaken is in the best interest of the company and its stakeholders. The board must also ensure that any borrowing undertaken is within the limits set out in the Articles of Association and does not result in the company being unable to meet its financial obligations. Additionally, the board must also comply with all other applicable laws and regulations related to borrowing and financing activities.