Section 383a

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Querist : Anonymous

Querist : Anonymous (Querist)

28 January 2012 IF A COMPANY HAS A PAID UP CAPITAL OF RS 9 LACS AS ON 31/03/2011 , BUT AFTER THE PERIOD SAY ON 01/05/2011 IT INCREASED ITS PAID UP CAPITAL TO RS 12 LACS . NOW IS THEIR A NEED OF OBTAINING COMPLIANCE CERTIFICATE BY THE COMPANY FOR THE FINANCIAL YEAR 2010-11 & YA THE DATE OF SIGNING OF BOARD'S REPORT IS 01/09/2011 & AGM IS DUE ON 30/09/2011.????

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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28 January 2012 No need to obtain compliance certificate for the FY 2010-11 under section 383A of the Co's Act,1956.

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Jiten Gupta

Jiten Gupta (Expert)
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28 January 2012 A company need to check its paid up capital at the end date of Financial year in respect whether to obtain Compliance Certificate or not..

Regards
Jitendta Gupta

jitencs7@gmail.com

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Querist : Anonymous

Querist : Anonymous (Querist)

28 January 2012 DEAR JITENDRA & MR. CHACKRAPANI AS I HAVE
READ IN MY STUDY MATERIAL OF CS ( PROFESSIONAL) THE FOLLOWING IS GIVEN WITH REGARDS TO SECTION 383A AS BELOW:

"ACCORDING TO SUB RULE (1)OF RULE 3, EVERY COMPANY NOT REQUIRED TO EMPLOY WHOLE TYM SECRETARY U/S 383A (1) OF THE ACT & HAVING A PAID UP SHARE CAPITAL OF 10 LAC RS OR MORE SHALL OBTAIN A CERTIFICATE FROM A PCS .

FOR THE PURPOSE OF THIS PROVISO THE RELEVANT DATE FOR DETERMING THE PAID UP CAPITAL SHALL BE THAT ON WHICH BOARD REPORT IS SIGNED. FURTHER SUB RULE (2) OF RULE 3 PROVIDES THAT THE COMPLIANCE CERTIFICATE SHALL RELATE TO THE PERIOD PERTAINING TO THE FINANCIAL YEAR OF THE COMPANY . SO EVERY CO TO WHICH SEC IS APPLICAPBLE IS REQUIRED TO OBTAIN A COMPLIANCE CERTIFICATE FROM A PCS FOR THE FINANCIAL YEAR IN WHICH THE BOARD REPORT IS SIGNED ON OR AFTER 1 FEB 2001"

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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28 January 2012 Undoubtedly, the quoted 1st sentence of 3rd para is wrong. Please see the concerned rules in the link http://www.mca.gov.in/Ministry/actsbills/rules/TCCR2001.pdf

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Guest

Guest (Expert)

28 January 2012 Compliance certificate is not required to be obtained in your case.

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Querist : Anonymous

Querist : Anonymous (Querist)

30 January 2012 MR . CHACKRAPANI I WENT TO LINK PROVIDED BY YOU BUT IN THAT RULES NOTHING IS MENTIONED REGARDING THAT ON WHICH DATE THE PAID UP CAPITAL SHOULD BE CONSIDERED. PLS CLEAR MY DOUBT?