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Sec 42 and sec 62(1)(c) of companies act 2013

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CA Udit Agarwal (Chartered Accountant) (49 Points)
Replied 20 November 2014

Hello...

Dear All Please Provide the Draft Format of Board Resolution, Notice With Explanatory Statement, Special Resolution passed by the Shareholders in the EGM, Valuation Report, and other Useful Documents. I Will be very thankfull for your response. Please Reply as soon as possible.


CA/CS sarban kumar jha (PRACTICING CHARTERED ACCOUNTANT)   (36 Points)
Replied 16 January 2015

Please advise me, whether a private company can Accept unsecured loan from a partnership firm in which directors are partner or his father is a partner or his father is a proprietor of that firm. We have a private limited company in which there was an unsecured loan from partnership firm form earlier years and company is regular in repaying Interest on that loan. Now as per new company law whether i have to repay the full loan amount with interest before 31.03.2015 or we can continue with paying interest and principle as and when it falls due.or what compliance we have to follow. 

 

Pankaj (Chartered Accountant) (118 Points)
Replied 19 January 2015

Dear Mr. Sarban,

A private company cannot accept deposits from public. However it can accept the deposits from its director subject to a condition that the a declaration is taken from the director that the amount given by the director is not out of any borrowed funds [as per Rule 2(1)(c)(vii) of Companies (Acceptance of Deposits) Rules, 2014.]

 

Also please reconfirm the last date of repayment of deposits. I think it was 31.08.2014.

1 Like

Karthik (Accountant) (39 Points)
Replied 03 April 2015

Hi guys,

Is valuation report mandatory even for Private companies making their share allotments? If yes, can anybody share a copy/format of the same with me.


cs lakshita (partner) (21 Points)
Replied 12 August 2015

pls tell me the procedure of converting loan into 0% debenture



CA. Kshama Tekriwal (Chartered Accountant) (21 Points)
Replied 23 May 2016

Hello,

Can any one advice me in brief in respect of fresh issue  of right equity shares in a private limited Company, who has got paid up capital of 13,19,500 no of equity shares @ Rs. 10/-each.

The Company wants to issue 2,63,900 equity shares at face value of Rs. 10/- with premium of Rs 70/- per share which will be offered to exixting share holders on right basis in the ratio of 1:5.

Valuation of unqouted equity shares has been calculated at Rs. 80/- per share as per Net Worth Method on the basis of Audited Balance Sheet of F. Y 2014-15 as ABS of F.Y 2015-16 has not been finalized/ Signed.

In order to file MGT 14, whether it is required to submit Statutory Auditor's Certificate/Any other Chartered Accountant's Certificate regarding valuation of Unquoted Equity Shares as mentioned above.

Whether it is required to be passed in the Board Resolution for issuance of Right Equity Shares.

Please Guide

Regards


KolamburMeenakshisundaramKumar (company secretary) (33 Points)
Replied 05 October 2016

Neither , Valuation report needs to be attached with PAS 3 when filing the return of allotment.


Rajnesh Gautam (Company secretary) (29 Points)
Replied 02 November 2016

private placement and preferential allotment both are different. preferential allotment means issue of shares or convertible securities. private placment is applicable on securities. if you issue NON convertible debenture then u need to follow private placment procedure not preferential issue.


Kumaresen (Manager - Accounts and Taxation)   (77 Points)
Replied 19 December 2017

in case of right issue Whether fair valuation of shares to be done by a private company ?

A1 pl.reply.



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