EASYOFFICE


Kavitha

HI,

Kindly let me know if a bank is giving loan to a government company for purchase of assets a charge has to registered for the same or not?

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CA SONI KRUNAL
09 June 2010 at 12:25

dep rate for wind mill

can any boby please give me dep rate of wind mill as per co's act 1956 and i.tax act 1961

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Anonymous

In our company we have 2 Preference shareholders one is holding preference share capital of Rs.5 crore and another Rs.3 crore.

now we want to vary the rights attached to these preference shares for which we need to hold the meeting of the prefence shareholders and pass the special resolution.

my question is that what will be the quoram for the meeting since there are only 2 preference shareholders and in case only one shareholder present in the meeting & votes in favour of the resolution whether it will binding on the other preference shareholder as well.

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CS Ashish Jain

In our company we have 2 Preference shareholders one is holding preference share capital of Rs.5 crore and another Rs.3 crore.

now we want to vary the rights attached to these preference shares for which we need to hold the meeting of the prefence shareholders and pass the special resolution.

my question is that what will be the quoram for the meeting since there are only 2 preference shareholders and in case only one shareholder present in the meeting & votes in favour of the resolution whether it will binding on the other preference shareholder as well.

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harish

Hi Every body .I want to Know how i can get duplicate company incorportion certificate

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CS Ashish Jain
06 June 2010 at 13:35

resignation of company secretary

A person who was working as a Company Secretary in a public company resigned from the job 2 months back but due to some disputes between the management and CS company has not filed the form 32 for his resignation.

Now he has joined the another company and wants file form 32 for his new appointment. my question is whether he can file the F-32 for his new appointment since the F-32 is not yet filed for his cessation from the old company.

if it is not possible to file F-32 for new appointment than what options are availble for the cs if old company not ready to file F-32 for his cessation.

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Anonymous

1. The Private Company was incorporated in beginning 2007
2. The Paid up Capital of Rs.1 lac (10000 shares of Rs.10/- each) was divided as follows:

1. Mr.P 99.90%
2. Mr.Q .1%
3. Mr.P, Q, R and S were the directors of the Company. Mr.P had entered into a shareholder agreement (SHA) with R and separate agreement with S to form this new Company, whereby Mr.P was to transfer 10% of shares each to R and S respectively. The same was done in year 2008 at face value. The SHA however, does not form part of the articles and is being informally agreed between the parties.
Revised Shareholding pattern in 2008 (Post above transfer) is as follows:
1. Mr.P 79.90%
2. Mr.Q .1%
3. Mr.R 10%
4. Mr.S 10%
4. Now, there was a deadlock in management as Mr.S could not bring in desired business and there was non-performance. Mr.S has resigned in end 2009 at his will and has also returned the shares at nil consideration and wants to move on. The same has been mutually agreed to between Mr.P, Mr.R and Mr.S.
5. The Book Value of the Company is very high in view of accumulated profits. Mr.R wants to just return the shares without any consideration and move on.
6. The Company has further done private placement in March 2010 for 40,000 shares to a Company which subsequent to this becomes its holding Company (80%). The Total Paid up Capital now is Rs. 5 lac.

Query :

1. Company Law : How can he return the shares to the Company so that it does not hit section 77 (Purchase of own shares by a company) and Section 100 (Reduction of Capital) of the Companies Act, 1956.
2. Tax : Please enlighten on the tax implications u/s 56 or any other section. We do not want any tax implication in the hands of the recipient.

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Rajiv Kaicker
05 June 2010 at 11:43

Deposits and Interest

Are there any restrictions on deposits and interest thereon :

1. From Directors in a closely held public ltd. company.

2. From Partners in a Partnership Firm?

Regards,
Rajiv Kaicker

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NITIN BANSAL
18 May 2010 at 18:35

Section 297

Dear Friends

A Private Company having a paid up Capital of more than Rs. 1 Crore has entered into a Lease Agreement with one of its Group Company (also a Pvt. Ltd. Company) in which the Directors of the Company are interested and is paying a rent of Rs. 40000/- p.m.

Is this transaction covered u/s 297 and if yes, then CG approval will also be required as the paid up capital of the Company exceeds Rs. 1 crore.

please support your answer with ref. to any notification/ circular/ case laws comes in this regard


Plz. advise.

Thanks & Regards

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SUMAN

other objects of moa of hotel company & education company can be same or should be related to their respective main business.

can we enter any object related to diffrent fields in other object of moa.

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