Ankit Patniya

Hi Experts I have query of section 34 of Co. Act in relation to Certificate of Incorporation is Conclusive evidence because in General Circular No. 49 /2011 there is one cloase that empower the ROC as under.
6. Where a c ompany has been registered online on the basis of
dec larations made by the subsc ribers, dec larant(s) and c ertific ations by
the professional(s) given in the e-form, if it is found later on that the
c ompany ought not to have been registered under provisions of the
Companies Ac t, 1956 read with Rules and Regulations made therein, the
Registrar of Companies shall take nec essary ac tion to put the c ompany in
state of suspended animation and initiate the proc ess of revoc ation of
the registration of the c ompany after giving an opportunity of being
heard.
it means if there is a minor suscriber than the ROC may direct to suspend the registration, is it true, whats your opinion?

Early reply will be apprisiable.
Thanks.

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Chintan
26 July 2011 at 19:48

Shares

can anyone tell me about transfer of shares ??? i have heard that shre transfer is easy in public co in comparison to private company ?? one private equity fimrs invests in our company and they emphasize that u need to convert in private limited from public for the aforesaid reason.. why is it so ????

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Rajat Baid
26 July 2011 at 19:10

Sec. 175- chairman of meeting

Dear Expert,
i wish to inquire that can a private company pass a resolution in its board meeting to the effect that "chairman of the board shall be the chairman of all general meetings of the company ?" ...further i wish to add that whether in case of a public co. too shall articles containing the above fact that chairman of the board shall be chairman of the general meeting hold good...??

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ramakrishna

Dear All,

x inc is a foreign company wants to incorporate a Indian company which is a subsidiary of foreign company x inc.

For the purpose of directors, we are taking Indian shareholders as directors and the foreign company will be share holder.

is there any confirmation required to be get from the foreign company for confirmation of the incorporation?

Thanks and Regards

G.T. Ramakrishna

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Ankur Soni
23 July 2011 at 11:16

company incorporation

Sir
Is it necessary to file DIN-4 even when the PAN or any other details have not changed of a director?
Following error came up when i filed form 1,18 and 32 -- "The DIN/PAN entered for director upon signing of Eform does not correspond to the DSC affixed"

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Ankur Soni
23 July 2011 at 10:56

company incorporation

Hello Sir/Madam
I'm trying to upload form 1, 18 and 32 on mca portal but a error message comes when form 18/32 is uploaded- " The DIN/PAN entered for director upon signing of Eform does not correspond to the DSC affixed."
I filed form 1A using the same DSC. Also DIN i entered in form 18/32 is correct. What should i do? Apply for new DSC?

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Anonymous
19 July 2011 at 15:28

easy exit scheme

Sir

when the company has been put up in defaulter list by ROC and if the company file aplication under easy exit scheme whether the name of the company will be removed from derfaulter list


urgent reply is sought

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Anonymous

A Public Ltd. Company is a Partner in a Partnership Firm and invested its share of Capital.Can it give a further amount to the Partnership Firm as an Advance against Capital?Are there any implication of Section 295 of the Companies Act,1956 in this context?

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rajesh arya

Q:- I want to know whether Real Estate or Construction compamnies comes under New Guildelines.

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C.A Alok Mukherjee

In a board meeting there was was no problem about quorum but all the agenda could not be concluded due to time constrain. Hence if a decision is taken to adjourn it to another date to settle the unsettled issues whether can be treated for a valid reason of adjournment?
In this regard AOA is clearly stated that even a board meeting can be adjourned subject to restriction if any otherwise provided by section 285 of the company's Act.

Whether such a reference of AOA give strength the company to go for adjournment in this case? Please suggest.

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