Dear Members,
In terms of proviso to section 101(1) of the Companies Act, 2013 the notice of general meeting may be shorter than 21 days if consent in writing or
electronic mode is given by members entitled to vote at such meetings. Does this mean that if we follow section 101 for obtaining consent of the members to call the general meeting at shorter notice, then it will be possible for the company to send the audited financial statement along with the notice at shorter notice?
If you are issuing shares on rights basis to existing holders, then no need to go for a separate bank account but if we doing for new shareholders is it mandatory ?
section 62 (1) (a) tells us about Right issue. and valuation report/special resolution and separate bank account is not required for right issue but for public issue and private placement it is required.
section 62 (1) (c) is about private placement.
If we are triggering 62(1) (c) which speaks of issue of shares to other than existing holders.
Dear All,
A real estate company has taken advance from its customers on which no interest is payable, will it be treated as deposit as per the Companies Act, 2013.
Can any one guide whether FLA is required to be filed in case of issuance of convertible notes to a foreign shareholder?
notes
foreign
shareholder
convertible
issuance
required
filed
case
whether
Dear All,
A person is KMP in a holding company, is he eligible to be appointed in all subsidiaries of holding company?
subsidiaries
appointed
holding
whether
Dear members,
ABC Private Limited incorporated in India is a wholly owned subsidiary company of a company incorporated outside India. Whether ABC Private Limited convene EGM outside India?
Dear All,
A company is registered with certain name has entered into new activities, these new activities are not in accordance with the name of the company. Can company continue with such activities or the company have to change its name?
accordance
activities
required
company
name
whether
A real estate company has taken advance from its customers on which interest has not been paid, will it be treated as deposit under the Companies Act, 2013 ?
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In Form CSR-2, we have to mention SRN of FY 2020-21 and Net worth, turnover & Profit before tax of FY 2019-20 which will automatically shows the criteria of applicability on the basis of figures of immediately preceding FY.
In such case, what will happen to Rule 3(2) which clearly says that “Every company which ceases to be a company covered under subsection (1) of section 135 of the Act for three consecutive financial years shall not be required to —(a) constitute a CSR Committee; and(b) comply with the provisions contained in 1[sub-section (2) to (6)] of the said section, till such time it meets the criteria specified in sub-section (1) of section 135.
For Instance Profit Before Tax for FY 2019-20 is less than 5 crore and all previous years are above 5 crore. Here subsection (1) of section 135 of the Act will still be applicable as per Rule 3(2) because the Profits are not below 5 crore for three consecutive financial years. That means we still have to follow provisions of sec 135 (1) and spend the amount.
But in Form CSR-2 when we mention Net worth, turnover & Profit before tax of FY 2019-20, there will not be any criteria for applicability. The form take details only for unspent of previous year and do not allows option to fill the details of previous three years. Which also means that company is not falling under 135(1) related to applicability and spending. However as per Rule 3(2) the company is still covered under 135(1) because the Profits are not below 5 crore for three consecutive financial years.
Please suggest that for the purpose of Form CSR-2, whether applicability/non-applicability is to be checked only on the basis on 135(1) i.e. only on the basis of immediately preceding financial year figures and we have to ignore rule 3(2). What will happen to Rule 3(2) thereafter?
applicability
applicabilitynon
whether
form
purpose
Dear Seasoned Professionals,
Kindly advise me whether hard copy of the application for shifting registered office from one state to another is to be submitted after filing INC 23 to the Regional Director?
Dear Members,
Kindly provide your views, whether the Company can accept deposits from LLP? If yes, under what head it can enter the amount in DPT 3, and if no, then how can the same be adjusted or reported in DPT 3?
Thank You
Hi,
kindly suggest that whether noc from childrens is required at the time of transmission of shares to the spouse of the deceased member
