Dear Members,
Greetings to all..
kindly clarify whether a Private Company can give guarantee to a Partnership firm (one of the partners of the fim is the Director in the guarantee given Company). As per section 185 (1) (b) of the Companies Act, 2013 it have restriction to give any loan or guarantee to any firm in which any such director or relative is a partner;
meanwhile Section 186 (2) (b) explains "No Company shall directly or indirectly give any guarantee or provide security in connection with to any other body corporate or person not exceeding the prescribed limit."
clarification required:
whether a company can give guarantee or not? if no under section 185 (1) (b) of the companies Act, 2013 means why the limit of the Guarantee has included "any person or any body corporate" in section 186 (2) (b) of the Companies Act, 2013.
A section 8 company is Incorporated , object is they will fund education of School kids n ol.
They want to take monthly donation from random public 500/- each monthly and with that it will fund the object. My question is:
1. Can a section 8 company accept such donation?
2. If yes, what are the compliance requirements?
Dear All
According to section 186(7) of Companies Act loan can be given only charging interest
is there any exemption to private limited companies?
if not what is the rate of interest should be charged?? (approximately)
Please clarify
thank you
section
Dear learned members,
If related party transactions have been done in the ordinary course of business and arm length price, then will it be entered in register in Form MBP-4
Please advise on an urgent basis.
Thanks in advance
arrangement
contract
register
query
section
Hi members,
Can anyone let me know with the total number of days required for approval of incorporation of section 8 Company in SPICe+? i.e., after filing of Form SPICe+.
Thanks
Hi All,
Can somebody share the draft for a general reply to the examination report under section 11 of trademark law?
Dear Experts,
Please provide me with the draft documents of compounding of offence of Section 96. Looking forward to your kind support.
Thanks in advance
section
offence
compounding
required
drafts
Kindly clarify me whether borrowing limits under Section 180(1)(c) covers the corporate guarantee provided by the company to bank on behalf of its subsidiary company.
E.G. A Ltd.(Holding company) borrowing Limits Rs. 300Cr. Loan taken by A Ltd. is Rs. 200 Cr. B Ltd. (wholly owned Subsidiary of A Ltd.) owed a loan Rs. 150 Cr on the guarantee of A Ltd. Whether the borrowing limit of A Ltd. is required to be increased to Rs. 350 Cr.(Rs.200 Cr. and Rs.150 Cr.) ?
Dear Members,
One of Private limited company Exceed threshold limit of borrowings from financial institutions rupees fifty crores as on 31.03.2020. And auditor is appointed since 2006 and last year re-appointed for next 5 years up to 2024.
My query is that 1. We need to change the auditor now or we can continue with same auditor up to 2024. ?
Dear Sir,
can some one help me to understand the exemption term mentioned in notification dated 5.06.15 while exempting section 43.
it says .In case of private company - Section 43 shall not apply where memorandum or articles of association of the private company so provides. -
Notification dated 5th june, 2015.
now my question, is we compulsory mention in our AOA or MOA that section 43 is not applicable on or company to avail this exemption and if we issue differential voting right (DVR) with inserting every term relating to DVR in AOA without mentioning specific exemption of section 43, makes our issue in contradiction of Law as section 43 is still applicable or the mentioning terms in the AOA satisfy the term so provides in notification.
Dear Experts,
Many professionals registers housing society / owners association as section 8 company.
Which type of company is advisable to register ? Company ltd by shares or guarantee ?
Need your valuable inputs.
association
owners
company
section
It appears form the documents attached with e-form that the company has not complied with the provisions of section 12(3) (c) of companies Act, 2013, please explain, why not action under section 454 may be initiated for violation of section 12(3) (c) of the Companies Act, 2013 may be initiated.
The defects or incompleteness in any respect in this eForm as noticed by the Registrar have been placed on the Ministry website (www.mca.gov.in). In view of the above, you are therefore, directed that this eForm should be resubmitted complete in all respects by 02/09/2020 failing which the eForm shall be treated as invalid and shall
not be taken on record or transaction shall be cancelled.
