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Rasesh's Expert Profile

Queries Replied : 1670

About me

I am working as Company Secretary and Sr. Manager Accounts in a Public ltd co. in Vadodara. I handle Secretarial, Accounts, MIS and Costing functions for the Company. My qualifications are CS, CWA, MBA (Fin), B.Com and LL.B (Special).

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kasturi says : company law
Sir, Im in chaos on scedule xiii of the companies act.our company(closely held public company) has appointed managing director for 5 years in 2005 with a remuneration of Rs.40000/-p.m by members by special resolution without the approval of remuneration committee as most of the independent director were resigned and there was nno remuneration committee.However there is no such law which state that appointment must be approved by remuneration committee except schedule xiii. During 2008-09 there was inadequate profit and salary paid was within the limit i.t Rs.400000/- to managing directors. Now auditors have laid down their remarks that the salary paid was excess of schedule xiii of the companies act.When we sought clarification and raised question that salray is within limit of schedule xiii.But their reply is that we have not followed conditions laid down in schedule xiii as remuneration committee not recommended appointment of managing diectors in 2005 and company has made default in payment of debts in the year 2008-09.Hence salary paid is in excess of schedule xiiI it is auditors remarks. Now the question is whether fixation of remuneration at the time of appointment of managing director should be only for the period of three years? what if managing directors have been appointed by shareholders in 2007 when there is a profit and in the year 2010 there is inadquacy of profit whether salary of rs.400000/- paid to shareholders is deemed to be in excess of limits laid down in schedule xiii only by the reason that remuneration committee has not recommended the appointment of MD in 2007 only shareholders have appointed the MDS? company will appoint as usual with the approval of shareholders when there is a profit and how far it is justice that remuneration committee has not recommended the apointment of MDS hence salary is in excess of schedule xiii enenthough it is in limit? Does it mean that it is compulsory to appoint MD with the recommendation of remuneration comm>ittee even in casse of profit? Pls help in this matter urgently

Kamna Tiwari says : can a wholetime cs be dp in llp
thankz for the reply sir but i want to know whether a wholetime cs become dp in llp

pulkit says : urgent
sir , please help me with a query. A limited company with paid up capital more than 1 crore has given unsecured loan to the wife of the director . what are the necessary legal compliances to be initiated for doing this.

Prasad says : law after engineering
i have done B.E(electronics), worked in IBm for 2 years and now working in Network related job after my Masters in Computer Science here in USA. I am interested to pursue a legal career (business and IP side). Is MBL from NLS alone enough or shud i complement it with LLB?