Anonymous

Hi
1. Xyz private limited have shareholding of ABC Limited listed (75%) company and PQR private limited company(25%).
2. Xyz private limited is running into losses.
3. ABC Limited and PQR limited transferred 100% shareholding to a new Company Ganga Private Limited.
4. Ganga Private Limited is even not paying liabilities and behaving badly with vendors and asking vendors to go to court to get money.
5. ABC Limited and PQR Pvt. Limited saying we were just shareholders in XYZ and not responsible for anything now as we have filed papers with ROC.

Now if looks like a fraud. I need your help in this. How to proceed and recover money.
It looks like Ganga Pvt. Limited will shut down operations in a month and they will not pay liabilities.
Is it allowed that Directors withdraw huge salaries and later sell company to a Rickshaw puller and don't pay liabilities. Please tell me what actions can be taken. Someone told me to report to Fraud investigation unit of government.

Please help its extremely urgent.

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varinder kumar
09 August 2017 at 11:57

Share application money prior 2013

Suppose in Limited closely held company share application money is more than paid up share capital since from last so many years due to the reason that the company stopped its business since from last so many years and making statutory compliance like audit and submitting ROC and IT Returns regularly. The holders of Share Application Money are share holders of the company and company is not in a position to return share application money and on the other hand holders of share application money are demanding shares of the company and not their money.

The Directors wanted to write off share application money by issuing shares as per demand of holders of share application money.

Please explain the procedures as per law and suggest your expert opinion.

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Binal Salot
07 August 2017 at 20:26

Formation of nbfc being loan company

DEAR EXPERTS..

I WOULD LIKE TO KNOW THAT WHEN WE FILE FORM 1 FOR FORMATION OF THE LLP TO AVAIL NAME IT SAYS THAT THE ACTIVITY IS FALLING UNDER NBFC AND WE NEED TO PROVIDE RBI IN PRINCIPAL APPROVAL FOR FILING FORM 2 FURTHER.

HOW THE IN PRINCIPAL APPROVAL OF THE RBI CAN BE OBTAINED AS THE FINAL APPROVAL/REGISTRATION WITH RBI FOR NBFC CAN BE OBTAINED ONLY AFTER INCORPORATION OF THE COMPANY/LLP.

ALSO IT SAYS TO HAVE NOF OF 2.00 CRORE IN THE LATEST AUDITED BALANCE SHEET. DOES IT MEAN THAT IT IS NOT NECESSARY TO HAVE CAPITAL OF 2.00 CRORE AT THE TIME OF FILING OF THE FORMS AND INCORPORATION?

PLS ADVISE AS SOON AS POSSIBLE
THANKS IN ADVANCE

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Law Aspire

In a real estate Private limited Company , a person is appointed as a non-executive independent Director.
Whether Board of Directors can authorize him for signing and execution of Sale Deed of Properties of the Company?

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NEHA MAHAJAN

Dear All,
Dear All
Please advice me on the below query:

As Private company is exempted to take loans from its members upto 100% of paid up share capital and free reserves.
If the ORDINARY RESOLUTION is required under this section. AND if we require to file this resolution to ROC.

Please update me on this.

Thank you

Thank you for the advice

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Dilshad Saifi

A Company wants to issue preference share to a Partnership firm. To the best of my information, Partnership firm can't be a member in a Company. However A firm can hold the shares of the Company in the names of its partners either individually or jointly. My question is that If partner can hold shares as a nominee of partnership firm then besides MGT-6, is there any other compliance which is required to meet when all such shares are allotted to only one partner.

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Prakash

Dear erperts'
Please suggest me how a director resign from an Amalgamated Company.

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CA Sweta
23 July 2017 at 23:13

Lat date of filling form adt-1

I HEREBY MAKE SOME CORRECTION IN QUERY ASKED BY ME A FEW MINUTES AGO.

MY QUESTION IS COMPANY WAS INCORPORATED ON 21-04-2016 AND FIRST AUDITOR ALSO APPOINTED AT THAT TIME.NOW WHAT IS THE LAST DATE TO CONDUCT AGM FOR F.Y.2016-2017..AND WHAT IS THE LAST DATE TO FILE FORM ADT-1 REGARDING APPOINTMENT OF AUDITOR FOR F.Y.2017-2018 WITH ROC?KINDLY SUGGEST.

Read more at: https://www.caclubindia.com/experts/last-date-of-filling-form-adt-1-2528429.asp

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Srinivasulu koduri

when cs sign is required for MGT-7 while filling the annual filing

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Vishal
17 June 2017 at 19:45

SCHEDULE III

What is the difference between schedule III and Revised Schedule III.. I am preparing Financial Statements for the year ended 31.3.2017.. Please tell what is the difference between old and new Schedule..

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