We have filed the form, for cessation of Director due to non availability and not attended any Board Meeting from 12 months.
We have attached in the form DIR-12: 1) Extract of Minutes of the meeting for cessation, 2)proof of sending notice of Board Meeting to Director
But ROC is asking for necessary proof of evidence of cessation.
Is it Required ?
Need your expert opinion and solution for a case where a company considering the MCA notification passed in the year 2020 for holding AGM up to 31.12.2020 and held beyond 15 months and received notice from roc for violation u/s 96 and seeking Application under 441.
Is there a way to rectify the filed form aoc-4 n mgt-7, by an application to ROC and file revised forms or
To face the penalty... And appeal under 454(5). Pls advise...
Any recent case and order passe by the authority in this regard be requested to share for reference..
Hi Ask Members,
We have some companies who have approached us for filing of INC-20A, Declaration for Commencement of Business. As per Law, if the company does not file INC-20A within 6 months of incorporation, the concerned ROC can strike off the name of the company from the Register of Companies. Will filing of INC-20A after 6 months cause any issues later on and might attract strike-off notice from ROC?
In one of my Company AGM for 2018-19 was held in 10th August, 2019, so what would be the due date of company for holding AGM this year. As ROC has allowed the general extension for holding the AGM upto 31st December, 2020. But section 92 which specifies that the gap between two AGM can not be more that 15 months has not been amended??Click here to view / answer Share it on
Section 10A was inserted in the Insolvency and Bankruptcy Code, 2016 (“Code”) for suspending the initiation of the corporate insolvency resolution process (“CIRP”) for any default arising on or after 25.03.2020 for a period of six months or such further period, not exceeding one year from such date. This amendment was introduced to provide relief to companies affected by COVID-19 pandemic by temporarily suspending the insolvency proceedings for a period six months i.e. w.e.f. 25.03.2020 till 25.09.2020.
Now, Ministry of Corporate Affairs vide notification dated 24.09.2020 has extended the temporary suspension of CIRP for a further period of three months i.e. w.e.f. 25.09.2020 to 25.12.2020.
As per the provisions of Section 10A, further extension of three months can still be granted further to the recent extension of three months.
I have a query ...can a bank reject a BR because it is more than 3 months old...the bank is telling me that BR is valid only for 3 months. I had an argument over this with the Bank.
DIRECTOR OF ONE PRIVATE COMPANY HAS RECEIVED SHOW CAUSE NOTICE UNDER SECTION 99 FOR THE CONTRAVENTION OF SECTION 96 OF THE COMPANIES ACT, 2013. AS AGM OF F.Y.2015-16 WAS HELD DURING JUNE,2016 AND THAT OF F.Y.2016-17 WAS HELD ON SEPTEMBER,2017. GAP BETWEEN TWO AGM IS 15 MONTHS AND 7 DAYS.
IT IS SMALL CLOSELY HELD COMPANY HAVING 2 DIRECTORS AS SHAREHOLDERS AND MOREOVER IS NOT CARRYING ANY MAJOR BUSINESS ACTIVITIES. CAN ANYONE ADVISE HOW TO REVERT FOR THE SAME.AND WHAT ARE THE CONSEQUENCES FOR THIS NON COMPLIANCE?
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