Anonymous
16 January 2013 at 23:23

Incorporation of company

I have applied for the incorporation of a company to the ROC. For complyinf with the requirement of form 18 regarding submission of address proof I have Given tenancy agreement for the same.But the problem is that the agreement has been entered into before incorporation of companany on behalf of the proposed company.
so please tell me along with relevant case laws or section that whether such contract is valid or whether there is any due course for the same
URGENT

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dhara
11 January 2013 at 11:30

Dividend

Sir/Madam,

What will be the maximum amt of dividend a co. can declare out of its profits??

And how to calculate the rate of dividend??

Pls explain with help of an example.

Thanks

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Rakhi
10 January 2013 at 13:00

Board resolution

can anyone provide me the Board Resolution for making investment outside India by Indian company and in which a director will be beneficiary for a share on behalf of company and rest of the shares will held in the name of Indian company?

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Anonymous
10 January 2013 at 12:04

Audit and agm for a new pvt ltd company

Ours is a new venture incorporated on 30 August 2012. Ours is a research based organisation and we do not expect any profit in the next 2 yrs. My queries:
1)How do we decide company's financial year?
2)By when should the first audit be done?
3)By when should the first AGM be held?

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shilpa gupta
09 January 2013 at 21:03

Name change of company

Before two years i had made a company, whose name was wrong approved, now i want to make it correct then what formality should i do as per amended law.
(In name of company the word solution was wrong, "i" is missing but now i want to do correct.)

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Anonymous
08 January 2013 at 12:53

Section 205c

Dear Sir/ Mam

I have a query on the applicability of section 205C.

Company's date of AGM where dividend is declared: September 30,2007

so, according to the section, last date for payment: October 29, 2007

Transfer of amount to separate account: November 5,2007

Query 1: Company did not transfer the amount to a separate account. As on date, the same dividend account remains open.

Query 2: Should company entertain any claim of dividend after October 29, 2007.

Query 3: Company pays dividend to a claimant in November 2008. is this a violation under law.

Query 4: exact date of completion of 7 years for transfer of amount to Investor & Protection fund

Request an urgent opinion . Thank you

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Khushbu
07 January 2013 at 12:00

Admission of membership

Hi Friends....Can you please tell me the procedure for admission of new members in Sec. 25 companies?? And also the procedure for cessation of existing members...

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ROHIT
05 January 2013 at 14:16

Re appointment of additional director

Respected All,
I want to share following practical problem with all of you.

Facts :

Board of directors of a company appointed an additional director on 26.09.2012 in term of power conferred on them by the article of association read with section 260 of the Companies Act 1956.But intimation of such appointment was given to ROC on 20.10.2012 by filing Form 32.
First AGM of the company was held on 28.09.2012.. Date of Notice of such AGM was 27.08.2012. Notice of AGM was containing only following Agenda for discussion :

1) To consider and adopt the financial statement.

2) To consider the re appointment of statutory auditor.
By mistake nothing was mentioned about the re-appointment of above said additional director. Annual filing form has already been filed with ROC.
As per Section 260 of the Companies Act 1956, Additional Director shall hold office only upto the date of next AGM of the company.

In view of the above said discussion, above said additional director has automatically vacated their office ,by operation of law, as additional director of the company on 28.09.2012.
Now i want your advice on following queries :

1) Is it necessary for the company to intimate to ROC about vacation of office of additional director by filing form 32.

2) if company want to re appoint said additional director w.e.f. 01.10.2012 then shall we have to file two Form 32 (one for vacation of office and another of re appointment of said additional director.

3) Since the agenda in notice of AGM does not contain any business relating to reappointment of said additional director. can we skip to intimate to ROC about vacation and re appointment of director . Since Still the name of said director is showing as additional director on MCA portal in the list of company's director. and can re-appoint them in next annual general meeting to be held after 31.03.2013.




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CA.Varalakshmi.M
04 January 2013 at 16:18

Share application money

Hello experts,

We have received share application money in US$.but we have not convereted that money into shares. Now we want to revert back that application money with interest. do I need to calculate interest on US$ or indian rupees. Suppose we have received US$ 1000 and we have converted that amount into 50000/- do we need to calculate int on US$1000 or rs.50,000/- Please clarify.

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NAVA YUG
04 January 2013 at 13:02

Auditors appoinment

SIR,

ONE PVT LTD COMPANY INCORPORATED ON JANUARY 2012. THEY NOT APPOINTED THE AUDITOR TILL NOW. THEN WHAT WILL BE THE PROCEDURE TO BE ADOPTED TO APPOINT THE AUDITOR. IS IT FIRST AUDITOR APPOINMENT OR SUCCEEDING?

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