dear all
I request you all to share your views on these
(1).we know that when dividend is declared we have to open dividend account for depositing and paying such dividend to all relevant shareholders. is it compulsory that for that purpose a new bank account must be opened or is it enough to deposit the dividend amount in existing company's bank account and pay divident through that account?
(2). in certain cases unanimous board resolutions are required. is unanimous of total strength of BoD or total number of directors present at the concerned meeting
(3). in calculating debt equity ratio should we consider issued or alled-up or paid up equity. i hope we should not consider authorised capital right?
(4). for listing purposes public shareholding must be 10%/25% as the case may be. for this purpose is public shareholding means shareholding of retail individual investors. i mean that they should be only non-institutioinal investors.
are there any institutional investors who too falls within the meaning of public shareholding? if so on what grounds they fall under public shareholding even after being institutional investors?
(5). are there any grounds where a pvt ltd company becomes pub ltd co if its turnover crosses certain limits or its shareholding in pub ltd co crosses certain limits, then it becomes pub ltd co?
(6). is there any express or implied provision under any law that the min number of directors required for pvt or pub ltd company should be executive directos/whole time directors?
(7). i do say that except equity capital, all other capital which includes preference share capital would be considered as debt capital and the provisions relating to raising of debt capital should be complied with. further if they are raised from foreign sources, then should comply with ECB provisions. is this right?
(8). would division of shares adversely affects the EPS of the company(that means causing dilution in EPS).
because the no of outstanding shares increases, which inturn decreases the EPS.
reverse to this is buyback, which increases the EPS
(9). for certain key words in the name of the company like asia or india etc with or without brackes then certain amount of min capital should be maintained
but under CA1956 if a foreign company establishes a company in india then its name must contain the words "india' within the brackes prior to pvt ltd or ltd.
example: ABC (india) pvt ltd/ ltd .
in such case should such company too must maintain the min capital as over and above min capital of 1lac or 5 lac as the case may be?
(10). how could "siemens" etc be registered without mentioning objects in its name or the words 'india" within its brackets? is there any exception?
(11). can LLP pay dividend to its partners?
(12). regd office in one state and where as corporate office and/or head office in some other state --- in such cases can i presume that they are maintaining their registers and returns at a place other than the place of registered office. is that right?
(13). if names appearing on share certificates and the names appearing in RoM are diffrent then which shall prevail? which means which one shall be primafacie considered as valid? this is because
once it is decided which one is primafacie valid, then the burden to proove otherwise will shift to other party.
(14). if for any matters while conducting the secretarial audit or any other audit which could not be ascertained from the registers or records
or any other documentary evidence then can we take cerrtificate or declaration from the concerned company or individual of the company?.
can we take such certificae or declaration on just white paper/letterhead with the signature of that company/individual or should we take on non-judicial stamp paper of some appropriate value. if the stamp paper is required then the value of such stamp paper?
(15). is it compulsory that a listed company after listing whenever it issues any further securities (be it equity or non-equity) to otherthan public then it must list them too?
i request all the learned members of this forum to share your views
thanks and regards
Sonia
CAclubindia
