Which funds can be utilised for payment of dividends?
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Dear Friends,
A company purchased a motor vehicle in the name of a director of
the company. It is also the co-borrower of the loan taken for the said
purpose. Does this transaction fall under the ambit of the provisions
of section 77 of the Companies Act, 2013 ?
What difference would it make if the loan was taken only in the name
of the director but the payment was made by the company ?
There is no prohibition/restriction under the Companies Act, 2013 for receiving the subscription money in cash (i.e., not through account payee cheque or other banking channel).
However, the company and/or subscriber(s) has(ve) to comply with the provisions of the Income Tax Act, 1961 with regard to cash transaction.
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Hi All,
Our company is engaged in Infrastructure Projects
Can our company issue Debentures for a tenure of 25 years?
companies
infrastructure
issued
debentures
tenure
Hi All!
Whether the provisions of Chapter III of the Companies Act, 2013
and Rule 18 of Share Capital and Debentures Rules, 2014 be applicable on the issue of rupee bonds by Indian companies exclusively to a person resident outside India?
Please share other regulatory conditions as applicable under FEMA
Formed a management committee and delegated the power to borrow money (within the statutory limit of Section 180(1)(c)) alongwith its related documentations and filings.
Generally, we file MGT 14 every time we avail loans from banks.
My question is if the power is delegated to the Management Committee to borrow money on behalf of the Board, we do not have to file MGT 14 everytime , being a Public listed company?
Can we keep register of directors, register of charges at a place other than the registered office?
As per Section 85 and Section 170 of Companies Act, Companies have to keep their register of directors and charges at the registered office of the company. There is no provision under Companies Act read with Companies Rules, which provide that such register can be maintained at any place other than registered office of the company. However, such provision is there for register of members where in register of members or debenture-holders can be kept at any other place within the same citi, town or village of the registered office of the company after passing of special resolution or at any other place in India where at least 10% members reside, as per Rule 5 of Companies (Mgt. and Adm.) Rules.
Show Cause Notices issued by MCA for non-compliance with the Cost Audit Provisions:
The notices have been served electronically as envisaged in Section 20 of the Companies Act 2013 in section 148.
Sub-section (8) of Section 148 of the Act states "If any default is made in complying with the provisions of this section, (a) the company and every officer of the company who is in default shall be punishable in the manner as provided in sub-section (1) of section 147; (b) the cost auditor of the company who is in default shall be punishable in the manner as provided in sub-sections (2) to (4) of section 147."
Section 147. (1) If any of the provisions of sections 139 to 146 (both inclusive) is contravened, the company shall be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to five lakh rupees and every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to one year or with fine which shall not be less than ten thousand rupees but which may extend to one lakh rupees, or with both. (2) If an auditor of a company contravenes any of the provisions of section 139, section 143, section 144 or section 145, the auditor shall be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to five lakh rupees:
SCN :
Show Cause Notice under Section 148 (8) of the Companies Act, 2013 (Act) XYZ LIMITED
1.WHEREAS, it has been found from our records that your company falls under the ambit of Cost Audit but has failed to submit the Cost Audit Report for the Financial Year 2014-15 within the statutory time limit prescribed by Sec. 148(6) of the Act and Rule 6 of Companies (Cost Records and Audit) Rules, 2014 (Rules) read with first proviso to Sec. 403(1) of the Act. Accordingly, sub-section (6) of Section 148 of the Act has been contravened.
2. WHEREAS, as per sub-section (8) of Section 148 of the Act, "If any default is made in complying with the provisions of this section, the company and every officer of the company who is in default shall be punishable in the manner as provided in sub-section (1) of section 147; the cost auditor of the company who is in default shall be punishable in the manner as provided in sub-sections (2) to (4) of section 147."
3. Now, therefore the addressees, being the Company and its officers, are hereby called upon to show cause as to why action shall not be taken to initiate prosecution under clause (a) of sub-section (8) of Section 148 read with section 147(1) of the Act for contravention of section 148(6) of the Act read with sub-rule (5) and (6) of Rule 6 of the Rules.
4. Please take notice that if no reply is received or cause shown within 21 days from the date of issue of this notice, necessary prosecution against the company and all its officers who are in default shall be launched in the Court.
5. Your attention is invited to the provisions of Section 441 of the Act for compounding of the said offence.
6. In term of the provision of Section 20 of the Act, the notice is hereby being served on the company and all its officers who are in default at the registered office of the company by electronic mode on the email id provided by the company on MCA Portal.
7. Company is requested to bring this notice in the knowledge of its officers in default, immediately upon its receipt. GST is aligned with the cost audit and only smooth implementation of cost audit provisions and expansion of cost audit regime can help the companies to demand for the due share under GST in the form of reduced rates and the government based on the authentic data can take calls under GST regime with regard to anti-profiteering, valuations etc.
Please share how to Reply ?
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cost
audit
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companies
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Under Rule 25B of Companies Incorporation Rules 2014 (Verification of registered office of the Company), Is any specific form need to be filed ?
If no then what are the cautions need to be made under this Rule ?
Please share Directors Report
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Dear Members,
Foreign company is not a company under the Companies Act, 2013, it is just a body corporate. Is this statement justified?
Dear Members,
In the case of Listed companies, It is compulsory to file any change in the stake of the promoter or promoter group under the LODR Regulations.
Is there any similar requirement in case of other companies as well under the Companies Act, 2013?
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companies
promoters
stake
disclosing
changes
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