As we all know Companies (Appointment and Remuneration of Managerial Personnel) Rules, 2014, has been amended by MCA wide notification dated 3rd January, 2020.
I need a clarification on the below explanation provided in Rule 9(1), it says;
“Explanation :- For the purposes of this sub-rule, it is hereby clarified that the paid up share capital, turnover, or outstanding loans or borrowings as the case may be, existing on the last date of latest audited financial statement shall be taken into account.”.
What is meant by existing on the last date of latest audited financial statement shall be taken into account.
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please share post conversion (section 14(1) Rule 41) checklist for a company from to converted from public limited to private limited
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post
Dear Members,
Greetings !!!
Has received a resubmission regarding the Companies incorporation rule, 2014 as per rule 13(5) stating that the Documents INC-9 and DIR-2 has not been Notarized and apostilled but according to the above mention rule it States that:
"13 (5) Where subscriber to the memorandum is a foreign national residing outside India-
(a) in a country in any part of the Commonwealth, his signatures and address on the memorandum and articles of association and proof of identity shall be notarized by a Notary (Public) in that part of the Commonwealth.
(b) in a country which is a party to the Hague Apostille Convention, 1961, his signatures and address on the memorandum and articles of association and proof of identity shall be notarized before the Notary (Public) of the country of his origin and be duly apostilled in accordance with the said Hague Convention.
(c) in a country outside the Commonwealth and which is not a party to the Hague Apostille Convention, 1961, his signatures and address on the memorandum and articles of association and proof of identity, shall be notarized before the Notary (Public) of such country and the certificate of the Notary (Public) shall be authenticated by a Diplomatic or Consular Officer empowered in this behalf under section 3 of the Diplomatic and Consular Officers (Oaths and Fees) Act, 1948 (40 of 1948) or, where there is no such officer by any of the officials mentioned in section 6 of the Commissioners of Oaths Act, 1889 (52 and 53 Vic.C.10), or in any Act amending the same;
(d) visited in India and intended to incorporate a company, in such case the incorporation shall be allowed if, he/she is having a valid Business Visa."
My Conclusion: it states that the MOA, AOA, and Proof if Identity should be Notarised and Apostilled.
So my question is whether it is mandatory to Appostile and Notarise the INC-9 and DIR-2 document executed outside India and if yes then kindly quote relevant rules or sections?
Thank you.
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rules
incorporation
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What are the GST registration rules for freelancers who provide software services to foreign clients via Upwork? Please note income comes in INR.
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Dear All,
Please advise regarding the below matter from the point of view of Legal Metrology (Packaged Commodities) Rules.
'A' is the manufacturer of a product, who manufactures it exclusively for the distributors/ customers of 'B'
The brand name of 'B' is printed on principal display panel of the package of the product.
The name and registered office address of 'A' is also mentioned, but without the prefix 'manufactured by'.
The definition of 'manufacturer' under the Rules includes the person or firm who or which puts or causes to be put any mark on the packaged commodity and the mark claims the commodity in the package to be a commodity produced, made or manufactured by such person.
COnsidering the above, please let me know if the name and address of 'B' is mandatory to be declared on the package.
compliance
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metrology
legal
Will the right to participate in dividend on equity as well as preference be considered while identifying the SBO?
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DIRECT TAXES - ( DEDUCTION OF INDIRECT TAXES PAID )
A company has wrongly availed Input Tax Credit under erstwhile CENVAT Rules in 2015-16. During GST Audit in current year, this was found out and the company paid the wrong credit availed in earlier years as above now, i.e. in FY 2019-20. The same has been expensed off. Is it an allowable expenses under Income Tax Act? Please provide any case laws, if available.
There are two preference shareholders X and Y respectively in Company Z.
Both the above shareholders are holding 4% Cumulative Redeemable Preference shares in Company Z. As on date, no dividend is paid to any of these shareholders in any of the years by Company Z and thereby attracts views mentioned on point no.14 of FAQs on SBO Rules by Shri Vinod Kothari. PFA the same.
However, Rule 2 of Companies (Significant Beneficial Owners) Amendment Rules, 2019 states instruments in the form of GDR, Compulsorily Convertible Preference shares or Compulsorily Convertible debentures shall be treated as shares and thereby attracts views mentioned on point no.15 of FAQs on SBO Rules by Shri Vinod Kothari. As such, while determining SBOs, Cumulative redeemable preference shareholders shall not be counted.
Also, duties of reporting company are mentioned in Rule 2A of Companies (Significant Beneficial Owners) Amendment Rules, 2019 which states as under :
every reporting company shall in all cases where its member (other than an individual), holds not less than ten per cent of its;-
(a) shares, or
(b) voting rights, or
(c) right to receive or participate in the dividend or any other distribution payablc in a financial year,
give notice to such member, seeking information in accordance with subsection (5) of section 90, in Form No. BEN-4.]
Now, considering all the points together, whether a notice in FORM NO. BEN-4 should be addressed to all the preference shareholders of Company Z asking them to address declaration in FORM NO. BEN-1 or not OR we should go by the definition of shares which includes CCPs and not Cumulative Redeemable Preference shares and hence not counted while determining SBO.
rule
Dear Members,
In case of a Private Limited Company, the following is the shareholding;
Mr. X (individual) - 49%
Private Limited Company - 51%
Will BEN Rules be applicable in this case?
Thanks in advance
applicability
rules
Hi All
Indian Private Company is wholly owned by a Foreign Listed Company and Mr. X is holding 23% stake in such Foreign Listed Company. Mr. X is required to submit the BEN-1 to Indian Private Company?
Learned members are requested to reply with proper clarification under SBO Rules.
Thanks
rules
Dear Members,
Does Companies (Indian Accouting Standards) Rules, 2015 is applicable to private company.
Private company is a joint venture company and one of its shareholder is listed on NSE and BSE.
Please guide.
Rgds
Devansh
rules
standards
accouting
indian
applicability
Please upload declaration by applicant under rule 8(A)(1)(p) of Co (Inc.) Fifth Amendment Rules,2019
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