Kavita R

Dear Sir/ Mam,

In case of Pvt. Ltd. company, the statutory auditor's term has already expired in the AGM of 2022 and we have not appointed the new auditor. We were ready to replace him with another auditor through EGM. But now the earlier auditor is ready to continue the company with 1 year appointment (every year).
My query is:
1. can the earlier auditor appointed?
2. Can he be appointed with EGM or how ?
3. Can he be appointed every year as it is his request or is it mandatory to appoint him for 5 years?

Kindly urgently reply.

Thank you in advance.


Prakash Joshi

Pls share your opinion on the following query.

A foreign client made an advance payment of 2crore to an Indian co. In 2019. After that due to covid the services could be provided. During FY the Indian company completed service worth 20 lacs. The foreign client extended the period for completion of service till 31st March 2023.But still the substantial psty of service is likely to be pending. Will the advance lying as on date 31st March 2023 be treated as a loan or deposit in DPT.
What will be position if the foreign client extends the contract for further one year.

Thanks
PC Joshi


Jass Kaur Bindra SEC-C 2020

Whether a Director appointed to the Board of the company "X" can get remuneration from another Company "Y"?


Kavita R
10 December 2022 at 18:44

Transfer of property or sale of property

Kindly clarify urgently the below in case of deemed public company

1) Does transfer of property mean the same as sale of properties?
2) Will the transfer / sale of property be considered under 180(1)(a)?
3) if yes, do we have to file MGT-14 for special resolution to be passed?
4) do we have to mention the amount in the board resolution?

Thank you in advance.


Jyoti@2022
10 December 2022 at 08:03

Incorporation Form challan

The name has been approved but the incorporation form challan status shows as payment not applicable, if I cancel the SRN of the incorporation challan so will I be able to use the same SRN of name approval?


naresh
04 December 2022 at 15:09

Incorporate new pvt ltd

spice+ form i want to make as under :-
1. one professional ca director without subscription
2. one individual director cum subscriber and
3. one individual subscriber but not director
So total 2 directors (one professional and one subscriber-cum-director) and 2 subscribers (one subscriber cum subscriber and one only subscriber)

but mca spice+ form mixes up between subscribrer-director and only subscriber link)
(individual subscriber who is not director should open but sub-cum-director window opens by mistake of portal)


my view--> no idea why an individual cant be just a subscriber, why he has to also be director in spice++ form? problem is in point c in spice+ form,
i know its confusing, just any thoughts?


CA Ritu Chauhan

Whether Provision for Bad & Doubtful Debts is a deductible under Section 198 ?


Prakash Joshi

Dear friends,
A pvt co had 2directors.one wanted to resign. They appointed another  person in his place as an additional director in the same BM. But the outgoing director  already filed his form DIR 11 before filing form DIR-12 by the company. Now The company has less than two min directors and MCA master data /MCA list of signatories shows only 1ditector whose dsc expired in 2019. What is the option of the company to appoint a new director who can file DIr-12 with his DSC or can the existing Director update his dsc and then complete the appointment formalities for new director.
Thanks,P.C. Joshi  


VARMA
26 November 2022 at 11:30

Lien on Fixed deposit

Dear sir,
We used to purchase Bank Guarantee, Letter of credit from financial institution or bank depositing 100 % margin as deposit during duration of Bank Guarantee or Letter of credit.
Bank will create lien on fixed deposits.
I need advice from expert team,
1. whether creating lien on Fixed deposit is termed as
encumbursence of asset of company.
2.whether bank is under obligation create charge @ roc/MCA


ANUJ
26 November 2022 at 11:06

Conversion of Director Loan

Can a private limited company issue share to director against his unsecured loan and director is also the shareholder in the company.





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