Section 2(41) defines the term ‘Financial Year’. Proviso to the said section
empowers Tribunal for allowing any period as financial Year. The provisions
relating to Tribunal are not notified. What is the recourse.
Whether the provisions relating to special resolution under Section 188 are also applicable to transactions with wholly owned subsidiaries?
Whether a High Court can reject the appeal regarding the dishonourment of cheque on the ground that petition filed for second statutory notice is not maintainable ?
• You can file this eForm with different event dates (date of appointment, date of change in designation and date of cessation) only if these dates are within 30 days of the filing date. If any of the date(s) are beyond 30 days, then a separate form is to be filed for every such event date. For example: "Director A is appointed on 1st April, Director B is appointed on 18th April, and Director C ceases to be associated with the company w.e.f. 18th April. In such a case details of all the three changes can be filed through the same Form DIR-12 only if the Form is filed on or before 1st May, as all the events fall within 30 days. However, if the company files the eForm DIR-12 on 10th of May, then details in a separate eForm would be required to be filed in respect of Director A."
• For filing of details of two or more events (for example, appointment and cessation) relating to the same person, you are required to file separate forms. These cannot be filed through the same eForm.
• It is advised that you file the eForm in the chronological order of events. It implies that before filing this eForm you should ensure that no Form DIR-12 is pending to be filed for the particular company where the date of event is earlier than the date(s) entered in this form.
• In case of appointment of a director the person being appointed should not be associated with more than 20 companies as a Director and in case of public company, the appointment of director shall not be allowed if he is already a Director in more than 10 public companies
• If number of directors is more than 15, addendum is required to be filed with eForm DIR12. Addendum shall be allowed to be filed only for those cases where eForm DIR-12 has been filed and corresponding Form DIR-12 Addendum is required to be filed. EForm DIR-12 Addendum shall be allowed to be resubmitted only for those cases where the eForm DIR-12 Addendum is pending for resubmission eForm DIR-12.
• eForm can be filed for one company secretary in the company as company cannot have more than one person as its company secretary.
Is it right ?
Dear Learned Members,
Please advise on the below query relating to significant beneficial owners:
‘A’ was the Significant Beneficial Owner in the reporting company by virtue of shareholding in the member company and BEN2 was filed in respect of him
Now A has sold all his shareholding in the member company due to which he ceases to be shareholder in the member company. He has given intimation to the reporting company regarding his ceasing to be shareholder in the member company. Member company’s shareholding in the reporting company has not changed.
Query 1 ) How his status will be updated by reporting company now by BEN2?
Query 2 ) Whether 0 % shareholding be filled in BEN2?
Please let me know your views on the following facts and issues:
A customer (business entity) had engaged vendors for purchases for which the customer has paid the vendor the payment along with GST. The vendor has not remitted the GST amount with the GST authorities. The invoices pertain to FY 2020-21 and for which the last date for filing has already elapsed. However, the customer had claimed for input credit for the said year and since the vendor had not remitted their GST with the Govt, the client is now looking at seeking for the vendor to return the GST component.
if the Customer would directly make the payment of the GST to the government (not on behalf of the vendor but directly). The interest paid by the Customer will have to be refunded by the vendor to the Customer. In that case the GST amount of the vendor will be reversed in the books of the company. Is this feasible ?
for filing the BEN 2 relating to " change in significant beneficial interest" then whether we have to fill only the changes in the shareholding or we have to give the complete data as we had given in the BEN 2 filed originally i.e. "for declaration of Significant Beneficial Ownership under Section 90".
Query is as follows:
There is an increase in remuneration of Mr. _____ (WTD) for which a special resolution is passed in the AGM. As per the explanatory statement the following terms is mentioned:
Salary, Allowances and Perquisites (including benefits, facilities and amenities): Rs. 3,75,00,000 (Rupees Three Crores and Seventy Five Lakhs only) per annum, with the authority granted to the Board of Directors (hereinafter referred to as “the Board” which term shall include in Committee of Directors) to determine the remuneration including inter-se breakup thereof and grant increases from time to time not exceeding 20% per annum but subject to shareholders’ approval in the General Meeting.
Can the above clause be altered in such a way that if the shareholders approve for increase of 20% p.a in this AGM, the shareholders approval would not be required in the next AGM if the remuneration to be paid is increased from 3.75 Cr to say 4 Cr?
Please help in this matter and guide accordingly.
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I want to know the Procedure for the appointment of a Director in Foreign Company. Can anybody help me out this?Click here to view / answer Share it on
Dear Members, Please share details relating to amendments/modifications in the content/format of the board report after the CA 2017 Amendment Act.Click here to view / answer Share it on
Whether the concept of proxy is relevant for a person who has voted electronically?Click here to view / answer Share it on
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