Category: formats-> Section A

What is the exact defination of the "person" mentioned under the provision for the private placement in context to the public company.??

If a stock broking company wants to give the loan to another company whether stockbroker or another type of company out of its owned fund. Then there Is any restriction under SEBI Guidelines.

As per my view, There is no express definition of Vacation prescribed in the Act, so we would require to take the dictionary meaning which “the action of leaving something one previously occupied”. In this context, it is losing the position of Director. Is it right context ??

Will there be a Central and State GST levied on all transactions in India?

What are the penal consequences if a taxable person violates the condition and is not eligible for payment of tax under the Composition scheme?

How to compute ‘aggregate turnover’ to determine eligibility for composition scheme?

Is the reverse charge mechanism applies only to services?

Where CSR activities lead to profits, how should such profits be treated?

Whether advance taken from customers by real estate company on which no interest has been paid will be treated as advance or deposit as per the Companies Act, 2013?

Dear Members, My OPC incorporation has come to resubmission Stating That definition of OPC as per sec 2 (62) along with the definition of a private company as per Sec. 2(68) of the Companies Act, 2013 should be mentioned in INC-34 e-AOA. How to Put Definition of Both OPC 2(62) and PVT Company Under Sec. 2(68). Cutsy Ravish

Request you to share the format and procedure for filing of NCLT 11 by Deposit holder (Individual) before the NCLT as the company has failed to repay the deposit and interest amount.

Can anybody tell me do we have to pay stamp duty on an allotment in demat form?

Whether WTD resignation can be passed through a resolution by circulation for a listed company with reference to SS-1?

I need format for declaration to be made while applying for name approval through run for a nidhi company. Further require format for declaration regarding nidhi rules to be filed with spice form.

If my LLP got incorporated on 23.03.2017, do I still need to file annual return for 8 days ?

Please provide me the procedure to register an NGO as a trust in NCT of Delhi. Curtsy: Ashish Jain

What is the expected date for the Companies (Registration Offices and Fees) Rules 2014 to levy additional fee @Rs.100 per day for filings under Section 92 (Annual Return) or 137 (Annual Financial Statement) of the Companies Act, 2013. Once notified, the additional fee @Rs.100 per day (beyond the normal date of filing) shall become payable in respect of 23AC,23ACA,23AC XBRL,23ACA XBRL,20B,21A, MGT-7, AoC-4,AoC-4 XBRL and AoC-4 CFS?

Can anyone please share the RBI notice where Prohibited to incorporate a Section 8 as Micro Finance?

What happens if the taxable person files the return but does not make payment of tax ?

Is the pre registration of credit card necessary in the GSTN portal for the GST payment?

what are remedies available to the company and the existing director if the past/former director refused to handover some documents which belongs to the company. Is there any section allotted for cases like this? Note:- we have removed the director now he is refusing to handover the documents.

Procedure for interception of conveyances for inspection of goods in movement, and detention with reference to circular no 41/15/2018-GST

Can the Board of a Listed entity declare Interim Dividend if the same is not covered in the Agenda of the Board meeting?

Disclosure of Interest of Directors is filed in Form MBP-1, whether concern/interest is required to be disclosed in respect of shares held in any company? Can interested director of a private company participate in such meeting where he is interested?

What is the Object and Purpose of "explanations" * To explain/clarify the meaning of words contained in the particular section * Part and Parcel of the enactment * Does not widen the scope of the word explained

ROC Karnataka is circulating notice for CSR for FY 2015-16. If any one has the format in excel sheet, please share.

Dear All, Greetings.... I will be grateful if any one provides me with A RESOLUTION OF AUDIT COMMITTEE REGARDING FOR APPOINTMENT OF REGISTERED VALUER PURSUANT SEC. 247(1) IN TERMS OF SEC. 62 (1) (C) of Companies Act 2013 along with common T & C's of appointment. Company shall be a unregistered public Co.

Dear Members Is stamping mandatory for debenture(CCD) certificate if issued in Haryana ?

Dear All, ROC Karnataka is circulating notice for CSR for FY 2015-16. If any one has the format in excel sheet, please share.

Dear Sur/Ma'am, Can anyone please confirm the time it usually takes to revive a company via NCLT order. Further, if anyone can brief me the process involved in it.

Whether expenditure incurred on disaster relief qualifies for CSR or not?

Whether provisions of CSR are applicable on Section 8 Company, if it fulfills the criteria of section 135(1) of the Act.

What is a Legal Entity Identifier (LEI)?

In reference to : Promoter means a person- (a) Who has been named as such in a prospectus or is identified by the company in the Annual Return referred to in Section 92; Or (b) Who has control over the affairs of the company, directly or indirectly whether as a shareholder, director or otherwise; Or (c) In accordance with whose advice, directions or instructions the Board of Directors of the Company is accustomed to act: Provided that nothing in sub-clause (c) shall apply to a person who is acting merely in a professional capacity Professional Capacity: Not defined in the Act Please anyone guide how we can define the term Professional Capacity?

All Members are requested please give their views or suggestions in practicing role under Labour Act. How can a pcs Explore their practice in compliance with Labour Laws?

Kindly share Circular for Monitoring of Foreign Investment limits in listed Indian companies?

Can anybody provide me a draft format of authorization to be given to a professional for submitting documents, adjudication, attending hearings, etc. in the matter of delayed payment of stamp duty.

Can a Listed Company advance Loan to a Charitable Trust? If yes, any caveat?

Dear Members, Please guide with reference to above subject. In a private limited company a director has contributed loan to company as unsecured loan without any terms or condition. Now the company wants to allot shares using the unsecured loan. Is it possible to allot shares using unsecured loan. If yes please let me know the procedure. Q. curtsy: Ramesh CS

Can anyone help me with the draft of Board Resolution for writing off the investment made in the Wholly Owned Subsidiary abroad. Since the WOS has been shut down so we have to write off the equity investment and loan advanced to the WOS in the books of Parent Company in India. ?Also the parent Company is a listed Company and its writing almost 99% of the entire invested amount so do we have to intimate BSE about writing off the balance in our books?? Curtsy: DISHA JAIN

Request to provide a checklist of legal due diligence of NPA account of the bank. Also guide me which regulation and sections should be kept in mind while carrying this due diligence.

Can a Resident Indian give Loan / Gift to his related Resident Indian in Foreign Currency? Will it be under LRS?

What will be the position of disqualified DINs after the expiry of Scheme?

What are the grounds for removal of a member of Insolvency and Bankruptcy Board of India?

Hello All Greetings A company wants to change its name before 1month of filing of DHRP and further proposing a IPO .. There is no change in object Will the situation fall under the following regulations. “Conditions for initial public offer. 26. (1) An issuer may make an initial public offer, if: … (e) if it has changed its name within the last one year, at least fifty per cent. of the revenue for the preceding one full year has been earned by it from the activity indicated by the new name. Please guide

Dear all Can DIR-12 be rectified as by mistake director was appt as normal director instead of additional director?

Hi Members, There are lot of cases of making mistake in annual ROC forms, AOC 4 and MGT 7. What if we directly file Form GNL 2 attaching our mistake duly certified by a professional? Members' views are solicited.

Dear members, Need your advice on the following scenario. A Pvt Ltd company appointing a new MD. its paid up capital is less than 5cr, so MD is not a KMP. As per notification sec 196(4)(5) is not applicable for private companies. So do we need to file only MGT-14 for BR and DIR-12 for appointment or MR-1 is also mandatory. please advice.

Dear Members, A Pvt. Ltd. Co. issued convertible debentures. Now at time of Conversion do it need to conduct EGM Again?? or it can issue simply by Passing BR.

Dear Members, Can we add one extra column in Form MBP-1. Column will be date of filing of DIR-11. Please suggest.

Dear Members, Unlisted Public ltd company wants to issue 500000 right shares to the existing share holders of value Rs. 50,00,000. Prsesnt paid up capital: 5336792 shares of Rs.10 each. No. of share Holders : 43. Pls suggest how to calculate the ratio

can anyone share the format of annual report to be sent at end of each calender year under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Curtsy: Divya

Holding company wants to give guarantee on behalf of its wholly owned subsidiary, can the company do so?

How to conduct an AGM in case of a company having 2 directors who are also the shareholders and both the directors are outside India?

If two directors are the only two shareholders of a private company and one of them dies? Whether the remaining alive director cum shareholder has the right to appoint another director, as this may not fulfil the criteria of a quorum of a meeting?

Whether minutes of meetings of extra-ordinary general meetings should be given serial no.? Can an extra-ordinary general meeting be conducted anywhere inside or outside India?

Whether a government company exempted from holding an annual general meeting?

A director is not attending the board meetings of the company, thus the company wants him to vacate the office. As a company secretary what action should be taken ?

An illiterate person wants to become a subscriber, how can he sign as a subscriber to the Memorandum of Association?

Can a private limited company hold a general meeting by giving notice of less than 21 days if the articles of the private company so provides?

There was delay in reporting of Form FC-GPR in three allotments. RBI issued advisory to get the delay in second allotment compounded and necessary application was made and compounding order was received and fee deposited. Details of all the three delays were stated in RBI compounding order and authority took a lenient view and compounded the second allotment delay. There was no inverse reference in the entire order. During investigation, ED stated that RBI's compounding order has not compounded the first and third allotment delay and now the show cause notice is issued. We met with concerned officer at RBI and he categorically informed that RBI's compounding covers all the defaults mentioned in the order and there is no default for which compounding is pending as the company has disclosed all the information and the same are reproduced in order also. Thus it is the wisdom of authority to take a lenient view and not charge fee for other defaults. We need to submit out written replies against SCN of ED. Can you please help me with some case law/ any other view point so that we can accordingly approach ED.

A Private Limited company wants to accept deposits from it's members/shareholders up to 100% of Paid up Capital & Free Reserves. Exemption notification dated 5.6.2015 has exempted Private companies from compliance with section 73(2)(a) to section 73(2)(e). However, there is no exemption from 73(2)(f). Questions: 1. How the security for deposits is to be created? Whether a trust is to be created? Kindly elaborate with relevant law/Rule. What are the compliance involved? 2. Whether members (who is not a director) can lend to the company out of borrowings? Loans/deposits from directors are not permitted out of borrowings. 3. Whether directors' relative can lend out of borrowings to a Private limited company? 4. Where a member has borrowed at say 10% and has lent to the company @ 10% or more, Can such a member in his personal income tax return, set off interest expenditure against interest income?

MCA is withholding LLP Incorporation because it is not allowing Fresh DPIN, what is the solution ?

Kindly explain that from where we have to take into consideration this term as MCA is silent on this.

Dear All, Please share what steps to be taken after incorporation of companies like Appointment of Auditors, Directors Consent etc and please share time time limit of same.

Hi, Any one know the procedure for taking NOC from SEBI to use word "Exchange" in proposed name of the company. Actually we have received re submission query like such.

I'm stuck with one question which is the appointment of CFO as the executive director in a private company. Though pvt. company doesnt mandate KMP. Since he was signing on the balance sheet, I have appointed him as CFO of the company and filed the form. Now, the board wants to make him Executive director along with CFO. Can a whole time KMP also be a whole time director in the same company ?? I have read section 203, but it seems unclear on this. My view is that since both the designation require full time effort, its not possible. Please substantiate !!

Whether it is necessary to pass Board Resolution if a transaction is transacted at arm’s length basis with a related party?

Dear Members, If the Pvt. Company is getting FDI, then which mode of FDI (Compulsorily Convertible Debentures or Convertible Preference shares) is more beneficial from accounting and Taxation point of view for the Company.? The Investor has no problem with any modes of FDI.

Respected members, Kindly let me know the provisions in companies act 2013 relating to the below, In one pvt Co there are 3 NED, out of which suddenly one resigned on 15.3.18 and another on 20.3.18. So remaining only one director i.e. less than the minimum of 2. remaining director took time till 9.4.18 to find a suitable director. Let me know whether the appointment director on 9.4.18 would attract offence. How to deal with this. Pls advice at the earliest.

Dear Members, Please reply on the following query: With Companies (Amendment) Act, 2017, now filing of Form DIR-11 is optional or mandatory and if it is optional then from what date it is optional. for e.g. if director has resigned w.e.f. 09.04.2018 then he has to file Form DIR-11 or not.

I obtained a licence for incorporating a Section - 8 company, after obtained licence name validity is expired. So filed the same name using RUN again to file SPICe, but i unable to file, due to SRN mismatch(SRN linked with Licence and 2nd time Name approved SRN is not same) So i went to ROC to link the licence with new SRN, and now my query is "Is there any validity period for filing SPICe for incorporation of Section-8 Company"

Dear All There is one Company who wants to form Gratuity Trust...Anybody have any idea pertaining to the same. Please share. Thanks in advance.

How to apply for Service Exports from India Scheme (SEIS) Registration?

DETAILED BANK AUDIT PROGRAM

What is the due date for GSTR-1 for the month of March, 2018 ?

Whether we show profit upto 8% u/s 44AD if actual profit is more than 8% Let Suppose 25 % .

Can a resolution be passed and DIR-12 be filed in advance for the appointment of a director which will be effective from a future date?

How to reduce the size of e-Form?

Difficulty in attaching DSC, it takes too much time when attaching with the new forms and showing Error.

In case of a Foreign Company, where the place of business is in India, who can be appointed as authorised representative?

If anyone has a practical view on this, then please suggest the legal way how one Private Company grant loan to another Private Company where no any common director exists under Companies Act 2013 and what compliances need to adopt in pursuant to provisions of Section 186 ??

Dear Concern The defaulting companies in which directors are disqualified, how to proceed for annual filing of such companies. What should be included in their auditor report regrading disqualification. If the auditor report includes that directors are disqualified, then how can they be on their seat as director since they need to vacate their office

One of our client has received notice under section 248 but now the company want to continue with their working without striking off what reply should i prepare and what procedure should i follow.

Which SRN is used in Resubmission of Spice 32 either SRN generated at the time of name approval or SRN generated at the time if SPICE 32 payment. Please confirm

What is the time limit for filing DIR-12 after allotment of DIN to a director?

Dear All, I want to change the registered office within the Local limits. In this case we need to file Form 15 and Form 3. My question is do we need to take CONSENT of All Designated Partners or only ONE would be fine ?

Can anyone guide me what is the minimum capital required to start non - deposit taking NBFC.

Can anyone tell me object clause for peer to peer money lending NBFC?

Hello Members, Can a shareholder transfer the shares of the company to another shareholder of the same company at a price lesser than the face value of shares? Request your kind attention to the matter.

'What is the process for changing the designation of director from executive director to non executive director. On MCA it is being displayed as director only but we have to change the nature from executive to non executive.

Dear All, Can a listed company accept deposits from its shareholders?

Dear friends, can anyone please detail about latest status on applicability of Cash flow statement on companies incorporated in india?( as per my knowledge OPC,Dormant and small co. are exempted) A pvt.ltd co with turnover more than 50 CR. has not prepared Cash Flow , how to guide them.please guide its urgent for annual filing.

Dear Members One of the foreign company is transferring its shares to Indian Directors, without consideration 1) Transfer of shares form Non-Resident to Resident without Consideration is it permissible??? 2) If yes, who will be Authorized Dealer. Its bit urgent can some one help on this.....

Hello, I am filing a form DIR-12 for cessation of director. While doing prescrutiny of form DIR-12 this error is coming - Form DIR-12 is already pending for approval against the CIN _____________. I am not able to do prescrutiny of this form. Please help ASAP me to get rid of this error.

Dear Members, I need clarification on section 184(1) of Companies Act, 2013. Following is our query: Is the disclosure required to be given by Director in Form MBP-1 if he is just a shareholder of some other Company and holding minimal amount of shares of the said Company. Request your opinion on the said issue.

Any one have drafts for issue of preference shares ?

Anyone has checklist for demerger under Companies Act 2013

Pls inform the stamp duty payable for registration of of immovable property in Lucknow.

Dear Members, If i issue preference shares by way of section 62 (1) (c), do i need to attach valuation report? My company is a listed company and i am only issuing to one investor, who was not my member earlier and i am following private placement route. Further i am issuing at par so that in case also do i need to attach it?

Dear Members, Can we file single FCGPR for 2 allotments made in tranches to same investor ? or we need to file separate FCGPR for separate allotment date?

Dear All What is the step by step process of insertion of new director through back office. As new directors not having DIN so how to apply for DIN in this case?? Please guide asap.

Dear members, This is w.r.t. the amendment in Rule 30 of Companies(Incorporation) Rules, 2014 dated 27th July, 2017. In this regard, instead of affidavit, declaration has to be given by Company Secretary and two directors verifying the list of creditors. Is the declaration to be given on non judicial stamp paper or on the letter head of the Company or on the plain paper?

What are the forms to be used for Application to be filed before National Company Law Tribunal (NCLT) by Financial Creditor, Operational Creditor and Financial Debtor?

Can a Demand Notice by an operational creditor be issued in any form?

Dear friends 1-can someone please detail compliances that a private limited company who recently obtained NBFC compliance has to comply with.(paid up capital 2 cr.) 2- what are the annual compliance with regard to NBFC( other than company law) a nbfc has to comply with regard to RBI and others,( form filing report etc ) for a nbfc having paid up capital upto Rs. 20 crore. as the above co, is increasing paid up capital. please share if someone has practical knowledge.

Dear Friends, One Private limited company, its paid up capital 4.50crores and bank borrowing as 35 crores. It is compulsory to appoint a CS or In the above and turn over exceed 200 crores It is compulsory to appoint a CS

Can Advocate become witness in EMOA EMOA

Dear Members, How to do we check Directors din is activated after filing of CODS.

Dear Learned members, Can a Person be appointed as both company secretary and director in same company?

i just write down the correspondence address and automatically generating jurisdictional registrar office of Dadra nagar haveli but my actual jurisdictional registrar office of Ahmedabad

Who can avail this scheme ?

Whether CSR expenditure of a company can be claimed as a business expenditure ?

Can a request for leave of absence be given by a Director orally ?

Can a Director send an oral requisition to the Company Secretary to convene a Board Meeting ?

Whether a member of section 8 company can appoint proxy?

Dear All, I have a query, a Pvt Co. is providing services to a RTP company based in Dubai. After some time the Dubai based co didnt paid the charges for more than a period of 1 year. Please advise what can be the consequences under the Companies Act, 2013 and / or RBI guidelines.

Dear Professional Colleagues I have to strike off an active company incorporated on 2012, no filing, no business since date, pls guide whether I can file STK 2 for strike off.

As part of the Ministry’s commitment for continuous improvement of processes and providing greater ease to stakeholders, it has been decided to permit (w.e.f 24.03.2018) two proposed names and one Resubmission (RSUB) while Reserving Unique Names for companies through the RUN web service. Stakeholders may plan accordingly. Source:http://www.mca.gov.in/

Can a private limited company adopt consolidated provisional balance sheet in the AGM signed by the director but not signed by the auditors

Hi Members, Can Directors holding shares in the Company, remove other Directors as Shareholders or purely shareholders are advised for such removal. Request your urgent attention to the matter.

Dear Members, If application money is coming in tranches then what should be the private placement offer letter duration??as it required to be mentioned in PAS-4 will it be till full money is received? or we can keep it 15 days..and in application to offer letter the investor can mention that he will pay in tranches.

Where this DSC can be used?

Dear Members, Please let me know that who will cross sign the revenue stamp affixed on Proxy form? Member/Creditor or Proxy holder/Authorized Representative?

Dear members, How do we know whether a company is disqualified or not? The status in case of all companies is showing as active on the MCA Portal while checking the master data. Will it not reflect there?

Dear Professionals, Please advise is the soft copy of the complete set application need to be filed to ROC via GNL 1, apart from hard copy submission via registered post. Urgent, please. Thanks in advance.

Form 3 A - pursuant to 1st proviso to sec. 136(1) of the act and Rule 10 of accouts rule. Whereas The 1st proviso is for the listed companies. So it will not applicable to private companies. Experts comments are welcome.

Dear Members, Can a NBFC give loan to another PVt company having common directors and the NBFC having one public co as its share holder.

Dear All, We have submitted the application for registration of reporting entity but not received the FIUREID since 15 days. Can anyone guide on this to get the same???

Dear friends Can any one provide the filled format of IFAR of sbi for bank branch audit

Dear Members, If name contains "financial services" any prior approval from government authorities required or not. Thanks in advance. Regards,

A company got incorporated on 02.02.2017 and filed ADT-1 (appointment of first auditor) on 16.02.2017. In ADT-1 it has been shown that the auditor has been appointed in the AGM dated 16.02.2017. As AGM cannot be held before the closure of financial year, so is there any resolution to this issue?

Please advise is the soft copy of the complete set application need to be filed to ROC via GNL 1, apart from hard copy submission via registered post. Urgent, please. Thanks in advance.

Hello, I want to appoint 2 Additional director who got there DIN on 19 march 18, now my query is can i file DIR -12 in which all the attachments have same date as 19th. for eg. DIR-2 having 19th board resolution having 19th and appointment letter having 19th

Dear All While incorporating section 8 company I have faced following query I got license for section 8 but when I uploaded SPICE I got query AOA is not as per format. I have raised query still not resolved.

Has anybody filed the above mentioned form? How much time does it take for the approval of the form?

Dear Members, Just wanted to confirm if a Private Limited Company will need to comply with the provisions of Private Placement to issue CCDs to a few identified investors.

Dear Members, If Company receiving subscription money in tranches(say 50% on signing of agreement and 20% in 2 months and rest 20% in next 2mnths) for issue of Convertible Debenture from Foreign Investor. Then shall we allot deb. in tranches as well?? & file FCGPR multiple times, as we need to comply Companies act , 60 days time frame OR shall we allot all debentures after receining full subsciption money.

Dear Members, Whether the company engaged in Infrastructure with turnover 250 crores is required to appoint cost auditor.

Hi all While pre-scrutiny the SPICE form it says DSC with PAN not registered with MCA portal. Here all the proposed directors do not have DIN...how to register DSC on portal with PAN

Since ratification of Auditor has been omitted by Companies Act, 2017. What approach a company needs to follow if it has appointed auditors for 1 year and subsequently filing form every year upon the ratification.

What are the obligations and role of an Information utility under the Code? Please explain.

If a Company has granted stock options prior to the promulgation of the Companies Act, 2013, then whether such stock options can be exercisable by the Independent Directors?

Is there any requirement for disclosure of interest by member of the Insolvency and Bankruptcy Board of India?

What are the forms to be used for Application to be filed before National Company Law Tribunal (NCLT) by Financial Creditor, Operational Creditor and Financial Debtor?

In case the company has appointed personnel exclusively for implementing the CSR activities of the company, can the expenditure incurred towards such personnel in terms of staff cost etc. be included in the expenditure earmarked for CSR activities?

Asset finance company Can be open through a Nidhi Limited ?

Whether the average net profit criteria in section 135(5) is Net profit before tax or Net profit after tax?

Whether External Commercial Borrowings (ECBs) are exempted borrowings i.e. outside the purview of public deposit ?

What is the preservation period of register of members and annual return under the companies Act, 2013 ?

In context of Section 185 & 186 of Companies Act 2013, if any group private limited company gives/provides corporate guarantee and equitable mortgage of its property in favour of its group public limited company, is it possible to give the same. What if both the companies are private limited companies ?

Can a NBFC give loan to another Pvt company having common directors and the NBFC having one public co as its share holder ?

Can the KMP of Holding Co. be appointed in only one subsidiary or in all subsidiaries of holding company at the same time?

What are the consequences if NIDHI company could not get 200 members within 1 year of incorporation.

I have a query that my uncle(not in blood relation) has a property on which he made a builders agreement now he want to transfer that property to. A Pvt Ltd company of which there are 2 director one is me and other is my uncle .I want to know what is the easiest way to do that ..property value 1 cr ...company current paid-up capital 1lc ...is there any way to do that by increasing paid up capital value and give him company shares on behalf of transferring of property to the company ??

Getting articleship in Pune In baking Sector Is good For semi qualified CS.. ?

Comparision between old Articles of Association as per Companies Act, 1956 and new Articles of Association as per Companies Act, 2013

please share the Rule 12 Declaration format for Finance Company. my RUN Name approval was rejected on the below remarks: " Proposed Object indicates Finance activity but rule 12 declaration not furnished." Thanks in advance

Section 2(49) defines the term ‘interested directors’ whereas at various sections reference to section 184 is drawn to mean/define interested director. Section 2(49) is wider than Section 184 leading to confusion – which definition should be applied?

In case the board delegates its powers to borrow to one of its the committee is the company required to file Form MGT 14 for delegation its power to Committee and also each time the committee exercises the power which is delegated to it?

Is rental income from sub-letting chargeable to tax under the head “Income from house property”?

Whether alternate director vacates office when the original director joins video conference at a Board meeting even though he does not return to India.

Whether legal services other than representational services provided by an individual advocate or a senior advocate to a business entity are liable for GST under reverse charge mechanism?

A person availing composition scheme during a financial year crosses the turnover of Rs.75 lakhs/50 lakhs during the course of the year i.e. say he crosses the turnover of Rs.75 lakhs/50 lakhs in December? Will he be allowed to pay tax under composition scheme for the remainder of the year i.e. till 31st March?

Please Clarify whether the appointment of Cost auditor shall be for a period of 5/ 10 years like that of the Statutory Auditor as prescribed under Section 139.

In case the appointment of an auditor is not ratified by the shareholders at the annual general meeting as required under the proviso to Section 139(1), what recourse does the company have?

Whether the concept of proxy is relevant for a person who has voted electronically?

How to Send Bulk Mail Through Amazon SES Please Describe in Brief.

Can a company have two Managing Directors?

Is it compulsory for Company Secretary to attend the All Board, Committee and General Meeting?

When a foreign director joins the meeting by audio/video conference, (where he is counted for the purpose of quorum u/s 174), is it sufficient to say that foreign director was not absent u/s 167(1) (b) even if he does not physically attend even a single Board meeting in a period of 12 months ?

Can a registered user restrain third party from using identical or similar mark if third party is continuous and prior user of the mark?

Two persons are appointed as Director in 9 companies out of which status of 1 company is strike off due to non filing of ROC Returns and in other 2 companies also filing is pending since 2012 but their status is active as of now and directors' names are in the list of disqualified directors for this 2 companies also. Both DIN status is active. But they not able to file any form in any company with their DIN i.e not even annual e-filing forms under CODS for above said 2 companies. My question is there are only 2 directors in these private companies and they are not able to file forms with both DIN,might be because their DIN are associated with struck off company. So what is way out for completing filing of these 2 companies which status is still active.? Thanks in advance for your valuable suggestions. Question Curtsy: CS Neelam Gurbaxani

As per Ministry of Corporate Affairs(MCA) has notified Companies (Accounts) Amendment Rules, 2018 dated 27/02/2018 As per the amendment, LISTED COMPANIES which have the option to forward salient features of their financial statements and other prescribed documents, to every member and other entitled persons in a statement i.e. Form AOC-3 under the proviso of Section 136(1) of the Companies Act, shall forward their statement in Form AOC-3A, if such companies are required to comply with Companies(Indian Accounting Standards) Rules, 2015. As per Section 136, Every company shall send a copy of financial statements, CFS, Audit Report and other documents required to be annexed with it, to every member, debenture trustees and to other entitled person atleast 21 days in advance. However, as per the proviso to section 136(1) LISTED COMPANIES may send a statement containing salient features of financial statements and other documents in Form AOC-3, if the copies of such documents are made available for inspection at its registered office during working hours for a period of 21 days. Listed companies which are required to comply with Indian AS shall forward thier salient features of Financial Statement under Sec.136(1) in Form AOC-3A and Listed companies which are not required to comply with Ind AS shall forward thier salient features of financial statement in Form AOC-3. http://www.mca.gov.in/Ministry/pdf/CompaniesAccountsAmmendmentRule_01032018.pdf Question Curtsy: Peer

According to section 103 of Companies Act, 2013, in case of a Private Limited Company, 2 members personally present shall be the Quorum. If Quorum is not present within half an hour from the time appointed for holding a meeting, then the meeting shall stand adjourned, and if at the adjourned meeting also, Quorum is not present, the members present shall be the Quorum. In case, there are only 2 shareholders. Out of these, one cannot attend AGM, according to above, whether one person attending the AGM, would be taken as quorum in case of adjourned meeting?

Anybody please provide me procedure for changing object clause of NBFC. I also need RBI related documentation . Question Curtsy: CS Shubham Katyal

Can any member provide the detailed procedure for converting a proprietorship firm into a private limited company as per the Companies Act 2013 ? Curtsy: Arvinder SIngh

In terms of Section 73 of Companies Act, 2013 read with Rule 2(1)(c)(vii) of Companies (Terms and conditions of acceptance of Deposit) Rules, 2014, deposits do not include receipt of money from Director of the Company, but the money received from a member is treated as deposit. In case the deposit is taken from a person who is both a director and a member of the Company, will such receipt of money be treated as deposit or not

What are the Consequences Of Non-Registration Of Charge ?

Whether charge will create on Pledge ?

What is the technical requirement for filing an IEC ?

I wish to get 80G 12AA Registration for one Trust, Could somebody help me with the procedure?

Whether the provisions of CSR are applicable to section 8 companies?

Can a person operating two different companies with different names but with same PAN get two GST registrations ?

Is NCCD leviable on tobacco products from 1st July, 2017? and What will be the method of valuation for levy of NCCD?

Will 5% GST on raw cotton be paid directly by factories on reverse charge basis and who will pay it?

Whether trader of country liquor is required to migrate to GST from VAT as liquor is out of GST law?

How can I intimate charge details to the registrar? Is it mandatory to file the charge details to the registrar office in case of LLP ?

Can a listed company be converted to LLP?

Is any communication sent to the user upon approval/rejection of the names applied for?

What is the Cost of Sole Proprietorship Firm Registration

Whether any property held or situated outside India can be seized under The Fugitive Economic Offenders Bill, 2017 ??

how to start a proprietorship firm

What is the limit prescribed for buy back of shares?

Can subsidiary company hold shares in its holding company?

Who is required to sign the share certificate in case of OPC?

Whether FDI is permitted in "Online Lottery Business"?

Whether the members of the Institute of Company Secretaries of India, Institute of Chartered Accountants of India, Institute of Cost and Works Accountants of India are exempted from obtaining registration under IA Regulations under SEBI (Investment Advisers) Regulations, 2013 ?

Whether insurance agent or insurance broker is exempted from obtaining registration under IA Regulations under SEBI (Investment Advisers) Regulations, 2013 ?

Can the KMP of Holding Co. be appointed in only one subsidiary or in all subsidiaries of holding company at the same time?

What is the limit on the number of members for formation of association or partnership of persons?

How will the surplus be treated in case of winding up of Section 8 Company?

In case of an overseas subscriber and director, are the documents required to be notarised and apostilled for incorporation of a company?

In GST only the Radio taxi or passenger transport services provided through electronic commerce operator are under RCM. So what about Rent-a-cab services provided by a person other than electronic commerce operator? What are GST rate and HSN code?

What if a person sells his pre-owned car for Rs. 25 lacs to a dealer of second-hand cars, will he be covered under the casual taxable person and does he needs to deposit the tax?

Our company has input credit on Excise and Vat of the end of June 17, Shall we adjust closing balance input credit in July, i.e, GST month sale. If yes please advice us the procedure to follow. We have received an order from our Chennai ( local ) customer, but material delivers to Chhattisgarh. In this transaction, IGST will applicable or SGST and CGST applicable?

Will the revised SS-1 and SS-2 be applicable to the Board/General Meetings convened on 1st October 2017 or thereafter, even if Notice of the Meeting is issued before 1st October 2017 by complying with existing SS?

Dear Members, In case of re-appointment of Managing Director, do I need to file all 3 forms i.e. DIR-12, MGT-14 and MR-1? Kindly suggest

Anybody able to file PAS-3. I have been trying for the past 2 days. When I try to upload the Form I get the error message "The Form is already filled, modify and try again". Any solution ????

Dear Members, Kindly solve my query An LLP named "A LLP" is one of the Partners in another LLP named "B LLP". Now on behalf of "A LLP" Mr. P (who is neither Partner nor Designated Partner in "A LLP") is being nominated to sign all documents in the capacity of Partner in "B LLP". Can it be possible that "A LLP" nominate third person who is neither Partner nor Designated Partner in "A LLP" to sign in the capacity of Partner in "B LLP", in which "A LLP" is one of the Partner?

What are the features of RUN(Reserve Unique Name) web service?

How can I apply for names which includes words like insurance, stock exchange, venture capital, Assets Management, Nidhi, Mutual Fund, Finance, Funds, Chits, Leasing, Hire Purchase etc or any combination thereof?

How can a foreign investor transfer funds into an Indian company?

What are the guidelines or formalities for transfer of existing shares from non-residents to residents or residents to non-residents?

What are the modes of payment allowed for receiving Foreign Direct Investment in an Indian company?

Does the Scheme removes disqualification of directors, and how can disqualified directors apply for re-activation of their DIN ?

disqualification can be automatically removed upon filing of overdue documents and after filing e-Form CODS 2018 ?

What is the remedy available for defaulting companies and their disqualified directors who have not filed application before NCLT for revival ?

Are the Deposits with Nidhi Company safe and secured ?

On what condition Nidhi Company can provide a loan to its members?

What are the main requirements for obtaining Retail Sales Drug Licences for the Chemist shop ?

What are the main requirements for obtaining wholesale Drugs Licences?

Can a registered trademark be removed from the register?

Can a registered trademark be removed from the register?

In case any stakeholder has any objections to the Striking off the name of any company from the Register, what shall be done in such case?

Will being a holding or subsidiary company of a company which fulfills the criteria under section 135(1) make the company liable to comply with section 135, even if the company itself fulfills the criteria

Whether the provision of service or goods by a club or association or society to its members will be treated as supply or not?

Will a taxable person be eligible to opt for composition scheme only for one out of 3 business verticals?

What are the laws specifically mentioned in MR-3 which need to be examined while conducting the Secretarial Audit?

Will the notifications, circulars, rules, orders issued for certain type of companies under Companies Act 1956 still be applicable for those companies under the Companies Act 2013 ?

Can a company have multiple and varied objects under its MOA ?

Is a Section 8 company required to seek permission of Central Government (“RD”) for alteration of its AOA prior to getting the same approved by the members by means of special resolution in general meeting?

Is the observance of Secretarial Standards issued by ICSI mandatory and Is there is any exemption to any class of companies ??

Will the revised SS-1 and SS-2 be applicable to the Board/General Meetings convened on 1st October, 2017 or thereafter, even if Notice of the Meeting is issued before 1st October, 2017 by complying with existing SS ?

Is there any punishment for the defaulter under the IBC ?

When Adjudicating Authority may order Liquidation and who shall act as Liquidator ?

Whether vacation of office of director on account of not attending board meetings under Section 167(1)(b) has prospective or retrospective effect?

How can I modify my IEC application?

In case, all the directors of the Company jointly get disqualified due to default of non-filing and non-payment how will new directors be appointed?

Is there any restriction on a company for holding all Board Meetings abroad during the year ?

What are the benefits available to small tax payers under the GST regime?

Whether any form is required to be filed with ROC, in case the existing CEO, MD and CS are designated as KMP and if Yes, in which form ?

In terms of provision of section 203 of Companies Act, 2013, whether an individual can be appointed as CFO as well as company secretary of a company.

As mentioned in Form 24 LLP, attachments are required as follows:- 1) Affidavit by each DP on Rs. 200 stamp paper 2) Statement of accounts with NIL assets and liabilities signed by DPs and CA 3) Copy of acknowledgement of latest ITR filed. 4) Copy of authority to make application duly signed by all DPs and partners However, please confirm if the following are also required:- A) Indemnity Bond by each DP on Rs. 500 stamp paper B) Application by authorised DP for closure of LLP C) Consent of each DP D) Board resolution of LLP for closure

When is the eform for filling of the condonation for delay is expected to released by MCA Any supplementary procedure released by MCA . Kindly update.

Dear Members, We have to file Form FC-4 of a Foreign Company having project office in india. Whether the below mentioned attachments related to Foreign company incorporated outside India or Project office in india. 1. Details of Promoters, Directors and Key managerial personnel and changes therein since close of previous financial year. (Mandatory) 2. Details of directors and key managerial personnel and their remuneration. (Mandatory) 3. Details of the meeting of the members or class thereof, board and its various committees along with attendance details. (Mandatory) 4. Particulars of members and debenture holders along with changes therein since the close of previous financial year. (Mandatory)

There are certain corporate groups which run hospitals and educational institutions, will this be considered as CSR ?

Whether every company is required to alter its Articles of Association and Memorandum of Association as per the new format under the Companies Act, 2013 ?

Can a company form a One Person Company (OPC) as its subsidiary?

Any one have practically done E-Stamping of share Certificate in Haryana, please share the location from where we get it done ?

Does anyone have idea about how to create JV between Company & LLP or LLP & LLP. I want to create JV so that what are documents required to create JV and what is the Procedure for that Kindly send me Draft Documents to Incorporate JV.

If two donors wants to transfer his shares to the two donees, then a combined gift deed can be made or not ?

Dear CC Members, The company got incorporated way back in Aug 2017 but INC-22 is yet not filed and ROC raised resubmission remarks that tell us the reason for the delay in filing of eForm INC-22. Kindly advise. Regards CS Gaurav Kumar

Can a sec 8 company be formed with name of Foreign Country? e.g. Japanese Association in India? Do we need to attach something along with RUN application? Kindly guide senior members !

A company do not have any creditors outstanding as on 1 month before filling of application in INC 23 ..what should be attached in INC 23 to justify the same. Curtsy: Mayur Bansal

Please share the templates and procedure of conversion of an LLP into Private Limited Company. Curtsy: Siddharth Mittal

Who can apply for FFMC licence ?

What about the meaning of …..Control over shares? …..Control of management policy decisions? …..Control of business decisions?

Charge Includes a Lien, can any one defined Lien??

What is Joint Venture ? Not defined in the Act

Can any one defined "Control" & "Promoter Group" under companies Act 2013 ?

How can I calculate the interest and late fees for GSTR-3B ?

REQUIREMENT FOR A PRIVATE COMPANY FOR FTE UNDER SECTION 248 OF COMPANIES ACT 2013.

Dear All Does anyone have Power of Attorney related to Trademark Rules format..... The Registrar has re-submitted stating that the below comment: You are called upon TO PROVIDE POWER OF ATTORNEY AS PER RULE. Kindly provide a format for POA as I am not aware as to why this re-submission has come. I filed many trademark applications before this with the same POA but this is the first time this comment has come... Please advice.

Dear Members, Please share the templates and procedure of conversion of an LLP into Private Limited Company.

Dear Member, Please Send me PPT From Conversion of Partnership Firm to LLP.

Dear Members, Please update me, with the procedure for franking of share certificates in Bangalore, Karnataka. Can it be done online, or physical.

Hi All, kindly suggest what to fill in Spice form in surname of director father if he doesn't have a surname. It is the same in IT records as well. So no problem is coming in validating PAN. But what to write in Surname field.

Dear Members, "X" Company's Annual Return attached in e-form 20B of "Z" Company, filed in the year 2013. Now should I leave it as it was or I should ratify the mistake and file the e-form 20B again. Kindly suggest

Dear Members, Company maintained Statutory Registers in electronic form. My question "is it mandatory to sign the Statutory registers digitally" ?

Dear Sir/Madam, Provisions were changed on 7th Nov 2017. Still In form FC-GPR online form they are giving all the reference of old notification only. for example: b. DATE OF REPORTING OF ABOVE TO RBI UNDER PARA 9 (1) A OF SCHEDULE I TO NOTIFICATION No. FEMA 20/2000-RB DATED MAY 3, 2000, AS AMENDED FROM TIME TO TIME. CS certificate as per old provisions and even act mentioned as 1956 Any update you have on that.

Please tell me if there is any restriction/time limit for Input Tax Credit of GST which is available in Credit Ledger at GST Portal. Can I use this GST ITC (Credit Ledger) after 1 year for settlement of GST Liability??

Whether after availing cods or revival of company by NCLT u/s 252, disqualification of director is removed or he has to approach HC for removal of disqualification ? curtsy : Dhaval Gusani

Please share pricedure to revise form PAS 3 since attachments filed had typing error in BOARD RESOLUTION AND LIST OF ALLOTTEES

MCA vide notification dated 5th July 2017 prescribed that the Independent Directors(ID) should hold at least one meeting in a financial year. However, the revised SS-1, which came into effect from 01.10.2017, mention at para 2.3 that the IDs should meet at least once in a calendar year(same wordings were there In old SS-1 as well). How SS-1 could not be revised as per notification of July 2017 ? What is the correct position now ?

Dear Friends, The new budget provisions includes a new clause for compulsory PAN for all Directors of company. Is it compulsory to apply for their PAN No in India now ?

Holding company wants to give guarantee on behalf of its wholly owned subsidiary, can the company do so ?

Can a Company be incorporated under two or more categories of industry code ?

Dear Members, Can a Partner of LLP provides interest free loan to LLP?? Kindly advice

How to get the name of the Company modified/changed prior to incorporation whose name is already reserved by approval of RUN ?

What is the meaning of the term “Entrenchment”?

Hi members, have a query regarding shares transferred to IEPf :- One shareholder of ZV ltd was died. After death, company has not received any transmission application by his successor or legal heir. After the completion of seven years, the shares of deceased person was transferred by the company to IEPF Authority. Now the successor of the deceased shareholder want to claim on that shares. Can he do so? Please suggest.

Dear Professional colleagues, In case of Section 8 Company, Does it need to file any other form along with AOC-4 & MGT 7 (Annual filings)

Hi Members, I have a query regarding striking off a company. A private limited company has neither carried on any business activities nor filed its AOC-4 and MGT-7 since last 2 years (i.e. from the date of incorporation). Now the company wants to strike off its name from the Register. Is it possible to strike off a company without filing any returns? Please share views of different ROCs.

Dear Members, Can a managing Director be appointed in listed company for five years without any remuneration.

A section 8 company wants to open a JV company. please suggest is it can open a normal company or it is mandatory to open a section 8 company only.

Can the Board of a Listed entity declare Interim Dividend if the same is not covered in the Agenda of the Board meeting?

If a Company has been incorporated but the Subscribers have not paid subscription money, whether it is necessary to issue share certificates within two months as per the provisions in Companies Act, 2013 ?

Can a trust or society or an LLP become a subscriber of a Company?

A director is not attending the board meetings of the company, thus the company wants him to vacate the office. As a company secretary what action should be taken?

Dear All As we know, an Auditor shall be appointed under Section 139 i.e. for 5 years subject to the ratification by the members at each AGM. Now, suppose an auditor was appointed for 5 FY i.e. 2014-15 to 2018-19 and the members of the company do not ratify the auditor the AGM of 2017. in that case is it a removal of Auditor and the company is supposed to file form ADT-2?? In my view, it's not the removal, because the position of the auditor automatically expires at the AGM. Please suggest.

Dear Members, Please guide with reference to above subject. In a private limited company a director has contributed loan to company as unsecured loan without any terms or condition. Now the company wants to allot shares using the unsecured loan. Is it possible to allot shares using unsecured loan. If yes please let me know the procedure.

What is the penalty for violation under Regulation 7 of the SEBI (Prohibition of Insider Trading) Regulations, 2015?

In some cases the ROC rejects the proposed name citing the reasons that it’s common name/similar name etc. etc. so what names will consider in common name/similar name or different name ??

What is the procedure to get Refund in case Form INC-32 is rejected?

Can a private company (Non-NBFC) issue secured debenture. Please clarify and what are formalities?

Dear Members, Kindly clarify, how is capital reduced in buyback of shares?? as i have filed SH-11 but capital is not reduced at the master data of the Company.

Dear members, I Have a query whether the PVT LTD can accept deposits from members for more than 3 years terms and whether it can decide its own repayment schedule for members. The deposits are within the limit of exemption granted to PVT LTD. from members.

Dear Members, Please clarify pursuant to section 187 "Register of Investments not held in its own name by the Company" includes only shares or securities but not any other asset like property etc. own by the Company but not held by it in its own name?

Hi All, Whether Conversion of Optionally convertible cumulative pref shares (OCCPS) require :- 1.filing of form SH-7 . As far as I know, it is filed when such pref shares are redeemed. 2. filing of PAS-3 had been filed when these OCCPS were issued, so whether we need to file it again after conversion.

There are certain corporate groups who run hospitals and educational institutions, will this be considered as CSR?

I have received request from one of the client as below: 3 promotor shareholder, who currently hold 33.33% share each (10,000 shares each of 30,000 capital). Company expects to add more shareholders by issue of new shares (10,000 shares for each new shareholder) Now the 3 promotors wish to protect their rights for certain fixed return for e.g. 6% return on each year profit (not loss) before any distribution or allocation The logic for above is to justify their hard-work and sweat during initial period of company. How can above be done? Through an entrenched Article declaring that: “A 2% management fee shall be paid by company to each of the 3 promotors namely 1. A, 2.B and 3.C till their life. Any change in this clause can be made only with unanimous written consent of the above 3 promotors. “ Is there any other way this could be done?

Dear Members, Under section 169 can a members give special notice to remove more than one director at a time. A pvt ltd company wants to remove three directors,Directors are not willing to give their resignation letter and there are 7 directors in total. Can all three directors can be removed in same EGM conducted u/s 100(2). Please advice.

Dear Professionals, Please advise whether EGM for the purpose of change of registered office from one state to another can be held on Sunday. I hope General meeting cannot be held only on national holidays. But I got the doubt as it has been mentioned that GM can be conducted only during the business hours of the Company. Thanks in advance.

Dear Friends , After buy-back is over , after filing form SH-15, the paid-up capital in MCAs master data shows paid-up capital existed before buy-back. How to rectify the paid-up capital amount to post buyback amount in Master data. Please clarify Thanks in advance

One of our party created charge on 31/01/2017, but could not fill form on MCA portal and now they want to create charge. So, i would like to know what is the procedure to condoned the delay and estimated expenditure.

Dear Reader, Please explain if I want to incorporate a company with more than 3 proposed directors. Do I need to file DIR-3 along with spice form as spice form can be filed only up to 3 directors as per my knowledge? Please explain . Thank you.

Dear Members, I am pursuing CS and willing improve my command over Company Law and become master of all Sections and Rules, somebody could guide me, please. Thanks in advance!

Now that din has to be obtained in spice form itself while incorporation, how does one file for incorporation with more than 3 directors as spice form allows for max 3 din numbers Only ??? On behalf of : Gaurav Shenoy Practicing Company Secretary

Any one can provide in a critical manner with benefit or disadvantages of passed Union Budget - 2018 ??

on behalf of: DISHA JAIN I need to apply to RBI issuing a duplicate certificate of registration for my NBFC Company and in this regard I am supposed to submit copy of Board resolution, FIR copy and a public notice published in newspaper. Can anyone please help me with the draft of the said documents?

Dear Friends kindly confirm How to incorporate a LLP while DIR-3 not allowing for filing to get DPIN ??

Dear Members, My query is whether' financial creditor' and 'operational creditor' are used only with reference to corporate debtor under insolvency and bankruptcy code 2016. kindly help me in this regard.

What is the procedure of condonation of delay with RBI for delay in filing of form FCGPR ?

Dear Members, Please advise on the below query: Can a Company purchase or merge a LLP and take on its assets and Liabilities. Please reply as soon as possible.

Please guide with respect to refund of fees of SPICE Form.Pl. also confirm whether stamp duty paid will be refunded or not?. As in Refund form only one SRN can be inserted. Are we required to file 2 Refund forms for Fees and for Stamp duty. In SPICE form 2 resubmissions are allowed, but in my case only one resubmission was allowed and when I resubmitted they rejected the same. What is solution in this case? I have raised ticket but solution is awaited from their end.

Dear Learned Members, When I approached SBI Cap Securities, they suggested that the Company must have an RTA to enable transfer of shares to IEPF A/c. In one of our client’s case we have only 8-10 shareholders whose shares are to be transfered to IEPF A/c. The shares of the Company are in physical form and in North East we don’t have a single RTA and nearest RTA is at Kolkata. I just wish to be clarified from the learned friends, does a Company must have an RTA to enable it transfer of shares held in physical format to IEPF A/c or there is any other way out.

Dear All, Please share your thoughts:- A company from Singapore and another from Taiwan wants to incorporate a company in India with 50% shareholding each. How to notarise and apostile the documents from each country? Thanks

Dear Members, Please confirm whether the company has to hold its agm in back date for filing the pending filings under the condonation of delay scheme, 2018 or the company has to hold its previous years agm in current date for filing pending forms. Please advise at the earliest.

Hi CC Members, Can anyone share complete checklist of conducting postal ballot of listed company. It will be really helpful if provided asap. Regards

Please explain me the requirements relating to applicability of Social Security Obligations to a business entity in India regarding employment of Human Resourse like ESI, PF, EDLI, Gratuity, Pension, Leave Encashment etc. Kindly guide me if any measures has been taken by GOI for Easiness of Compliance of Above Obligation by Business Entity.

Whether Registration is Mandatory under GST for a Person/Business Entity on Import of Services from a Country outside India, Also whether GST is payable on Reverse Charge @18% due to Service Nature??

Dear Users, I filed Form for Reservation of name BUT Unfortunately it was rejected. Then i tried to claim refund through Refund form but there is error like" Invalid SRN". I Also Inquired from MCA Helpdesk but As per their Instruction same error there. Kindly State Your Views or Suggestion for Refund.

Any person who want to incorporate a LLP and do not have a DIN.. So how he can proceed (as per after notification DIN is allotted only at the time of appointment in a Existing company or Incorporation of a company through SPICE), Kindly Suggest ?

What is the importance of certificate of incorporation?

Can a company have two Managing Directors?

Dear All, Whether any transaction with the promoter would come under related party transaction? If it is on arms length basis whether there is any requirement of approval? Please enlighten the issue as per the companies amendment act 2017. Thanks

Respected All, Please share your comments on the below point - If several share transfers taken place in company and no share transfer deeds were executed. Now the company is going for listing, now whether it is compulsory to create all the records of such or whether the company in BM can pass resolution for destroying of records of Share Transfer Deeds (so that in present there will be no requirement to execute such deeds ). You Views can help alot.

Please guide with respect to refund of fees of SPICE Form.Pl. also confirm whether stamp duty paid will be refunded or not?. As in Refund form only one SRN can be inserted. Are we required to file 2 Refund forms for Fees and for Stamp duty. In SPICE form 2 resubmissions are allowed, but in my case only one resubmission was allowed and when I resubmitted they rejected the same. What is solution in this case? I have raised ticket but solution is awaited from their end.

Hello Professionals, Kindly provide a checklist of compliances to be followed by a Producer Company.

What types and which kinds of queries can be asked at www.ask.compliancecalendar.in ???

In case of shifting of registered office from one state to another, whom and all are required to be included in the list of creditors? Only the persons who are coming under the head of trade payables or other persons also?

Dear All Please tell me what is fees for a New Private Limited Company to be incorporated with 40 Lakhs Authorized Capital in Delhi jurisdiction. Kindly also share the authentic link from where it can be calculated itself.

Dear Members, LLP's main objective is clothing business. Now it wants to start food business also. Can LLP have 2 main objects?

Dear All, A Company declared Dividend on 28/09/2017 (date of AGM). One Shareholder did not encash the Dividend Warrant within due date. So the Company transferred the unpaid / unclaimed Dividend to Unpaid Dividend Account of a Scheduled Bank. Thereafter the Shareholder encashed the Dividend warrant. Now should the Company file IEPF-2 and host the details in its website ? Kindly guide.

Dear friends, Please guide me the procedure to compounding Delay in filing DIR 3C, please share draft documents for the same. Thanks in advance.

Please explain me how can I file Appeal on E-filing Portal and what is the fees and time-limit for filing the same to the Income Tax Department

Please tell me the types and process of FSSAI Registration

Can we appoint Independent director of our company in the company which is a promoter of our company and also can we appoint independent director in one of our group company whose associate company is Promoter company of our company. Is there any obstacle or will it come under related party transaction

Dear Members A company issues CCPS which are converted into equity shares at the end of 6th year. In the Interim period of 6 years the company plans to issue Bonus to equity share holders. Whether this is permissible. ? Also whether the CCPS holder will be entitled to Bonus shares?? Appreciate members inputs on same.

Is there is need to disclose Section 180(1)(c) of Companies Act 2013 in Directors Report at the time of Annual Filing.

Dear Friends, Please guide me on this topic. Can an NBFC insert an object relating to NBFC or object not relating to NBFC with or without RBI approval. ROC role in approving the form for the aforesaid change. can ROC ask for RBI approval.

Hello CC Members, In a public company, there are 4 directors out of which one is managing director, one is whole time director and 2 is other directors. The company is paying remuneration only to MD and WTD and not to any other directors. Now my query is whether the company can pay total 11% of net profit to them or can pay only 10% as total remuneration can be 11% if net profit.

Dear CC Members, How the additional fee for late filing of annual e-forms will be considered now after this amendment? I understand its 100 Rs for each late day after due date of AOC-4 and MGT-7 Suppose if I file form for pending AOC-4 for FY 14 -15, usually fees will be 3900 & 7800 based upon authorised capital, now how it will change? Will that 100 Rs per day be calculated from the due date of 31st Oct, 2015 to the current date? The additional fee calculation will be retrospective in nature?

Is there any requirement for consent of designated partners before incorporation of an LLP or before their appointment?

In Case of Conversion of Private Company into LLP, LLP Form-4 is Mandatory or not? Kindly Explain Procedure, Conversion of Private Company into LLP

Dear Experts, Are consent from directors required for calling Board Meeting on shorter Notice?

Dear Friends, Should LLP also quote its CIN No after its name and should LLP Partners identify themselves with the DIN No whenever they sign a document ? like in the case of balance sheet etc.

Dear CC Members, Kindly advise on the below matters: 1. Whether FC-TRS is required to be filed in case of transfer between NRI to NRI and NRI to NR. 2. Also whether Pricing guidelines will be applicable.

Dear Experts, Please guide me is there any way to cancel any resolution passed in AGM of listed company. The board want to make the effect of resolution null and void and give up the authority provided by shareholders to do same task. No action was taken on the basis of resolution passed by Shareholders. Regards

Dear Experts, As the CODS speaks that MCA will temporarily activate DIN of the Disqualified Directors to enable the filings of the belated Annual Return and Financials for the defaulting Companies during the CODS Scheme period. However, from the reading of the Scheme, it seems that after closure of the Scheme, such DIN shall again be de-activated... !!! Member are requested to share opinion whether our understanding of the said scheme is correct ?

Xyz Ltd is an unlisted company and that company recieves application money from its shareholders in three different tranches in the same month but can that company allot shares in one resolution or refund entire amount and if one single resolution is required or three different resolution is required pl help including section and rules and regulations also

how to register on Compliance Calendar LLP user panel, Please describe the steps.

Whether the appointment of Chief Executive Officer requires the approval of Shareholder also because his appointment is governed by the provisions of section 203 of Companies Act, 2013 and if the appointment of CEO is made as per section 203, then approval of shareholders is not required as it comes within the ambit of Board. So, my question is whether the appointment of Chief Executive Officer requires the approval of Shareholder or not

Dear All If any person, who have done some transactions before 2016, and now after coming this act into force, those transactions became Benami. My question is whether this Benami Act is applicable to those transactions happened before 2016 and, if Yes then, what will be the Consequences and Effects of this act on those Transactions (Penalty/Fine/Imprisonment). Whether there is any exemption available to Assessee???

Please explain me the effects of Insolvency and Bankruptcy Code 2016 on Companies as well as Non-Companies and how it will help the Banks to reduce their Non-Performing Assets (NPA)

Kindly tell me some benefits of Real Estate Regulation and Development Act for Buyers as well as Builders and its effect on Indian Economy.

Please explain me about the first time application (from Assessment Year 2017-18) of reporting requirements of Country By Country Reporting (CBCR) by Multi-National Companies/Group Companies in Form 3CEB(A-E) for Transfer Pricing (Foreign Transactions and Specified Domestic Transactions) with Associate Enterprises at Income Tax Portal.

Dear All Please clear my doubt on non deduction/collection of TDS/TCS on the relevant Transactions done during Previous Year. How will it affect the entity/company in Compliance with various Laws applicable to entity for Audit of its Financial Statement. Whether there is any Fine and/or Penalty for the same???

Dear All Can any one suggest me what is the best software in terms of simplicity, quality and in conjunction with Legal requirements at a Competitive Price for the purpose of Accounting including compliance with Income Tax, GST, TDS and MCA filings???

We' re Incorporating a Private Limited and having one query regarding the investment by OPC as subscriber : An OPC is sub-category of Private Limited Company and by virtue of its status, can OPC invest in stake of Private company and own the same ?

Posted on behalf of CA Hardik, Our client fall under -forgotten or do not have access to both your registered Email and Mobile No., and as per guidelines "you are requested to send a Notarised Affidavit along with your Identity proof and Address proof to Head, INSPIRE Programme Division, DST, clearly informing your complete details. Please mention your new email address & new mobile No. in the affidavit. After the receipt of the affidavit, the DST-INSPIRE shall check the credentials of the online applicant and inform him/her about further process through email only." Please help me to go through it.

Dear All, We had filed form CHG 8 with RD for condonation of delay - charge satisfaction.. and the said form is approved by RD without any hearing. However, we have not received the order copy as yet. When and how do we receive the order copy. Any one who faced similar situation?

Services provided to Government are not exempt under GST. Old tenders which were executed under Service tax regime had no service tax element in the contract amount. The contract is getting completed in the GST Regime. As per practice the invoice is prepared by the respective State Government. The State Government has not shown the GST element in it.Service provider being a GST holder has to pay 18% GST on services provided but the state Govt. is not providing the same, in such a situation how should the Service provider deal with it?

Kindly clear the doubt, in case of share transfer to a new member & transmission, the following entries are correct or not: share certificate number & distinctive number -------- SAME Folio numbers---------- NEW In case of duplicate share certificate: Folio number: NEW Share certificate number: NEW Distinctive numbers: SAME

Dear Professional friends, My client registered a company in Aug 2017 wherein there were three subscribers; A, B, C. B & C didn't transfer their amount of subscription into the company Bank account. Also, they are not willing to cooperate in signing in any document neither for share transfer etc. What remedy A has in this case?

Hello All, Can we make GST Payment from Debit/Credit Card because it is not showing in the GSTN Portal but mentioned on Rules.

Is there any E-Form is to be filed for appointment of Chief Executive Officer and if yes then under which section it will be filed in case of public listed company

My colleague has obtained voluntary registration under GST where he doesn't have any registration under previous authorities such as VAT, Service Tax etc. His Turnover is less than 20 Lakh Rs. and say NIL as no business has been conducted from that business after obtaining GST Number. Whether filing of GST Number is mandatory for him ? If yes, which returns are to be filed and when to be filed?

The name approval letters has expired for proposed company. However, the Company formation process is not yet completed. Do we get another name approved?

Dear Experts, Can anyone please let me know how many chances do we get to re-submit the SH-9 Form (Declaration of Solvency) in case of Buyback of Shares. Does it a discretion of concerned ROC or do we have provision backing this. Thanks in advance.

Dear Professional friends, My client registered a company in Aug 2017 wherein there were three subscribers; A, B, C. B & C didn't transfer their amount of subscription into the company Bank account. Also, they are not willing to cooperate in signing in any document neither for share transfer etc. What remedy A has in this case?

I am running a Pvt. ltd. Firm, is it beneficial for me to go for Compositions Scheme?

I am running a Proprietorship Firm, is it beneficial for me to go for Compositions Scheme?

Dear All, Please give your views on my following query; A Private Ltd. company with 2 directors. One Director is disqualified as per the list of disqualified directors released by ROC in the month of September, 2017 in which the disqualification period stated is from November, 2016 to October, 2021. Now, how to complete the annual filing of the company for F.Y. 2016-17 Is it right to appoint a additional director any date prior to November, 2016? Will DIR-12 accept 1 year old appointment?. Please share your views.

Dear Members, Is there any hope for Tax Audit Extension beyond 31st of October? An earlier reply shall be appreciated.

In case of merger, if a company wants to call meeting of creditors. is it practically possible? How can this be done? Can anyone please help me in this regard.

Dear CC Members, In LLP From -8 getting prescrutiny error Like "Company Secretary COP / Membership Number is not Valid" Has any have solution for that ?

Dear CC Members, If a Pvt Ltd company had filed form GLN-2 having ADT-1 for the FY 2013-14 and has not filed the form ADT-1, is it a non compliance of Section 139 or not???

Dear Members, Please suggest Whether we need to file Form 11 and Form 8 in case of LLP incorporated after 30 September 2016? or is there any other form which is needed to be filed. Please suggest.

Dear Friends, We have got the Spice form for resubmission asking us to attach physical MOA and AOA. This is a case of foreign subscriber. Can we now resubmit the form without linking it to INC-33 and INC-34.? I heard we need to file fresh application. Please clarify.

Dear All, One of my subsidiary company is going in merger with holding company. We want to do this merger through NCLT route not by fast track merger. So please provide Step by step procedure and checklist if anybody have. An answer to the query shall be appreciated.

Hello Everyone, Can anybody please share the format of draft application to RBI for compounding under FEMA for delay in filing FC-GPR. ?

I have one doubt If a holding co has entered into SPA with other foreign co Is there any restriction if subsidiary co adopts the provisions which are mentioned in the SPA So is it mandatory for subsidiary to have the Articles in consonance of holding co Is there any Circular regarding the same. Thanks

we Had purchased icici deep discount bond in 1997 worth 2 Lakhs which we’re suppose to redeemed in 2022 but in between icici had recalled all Debuntures & returned money to all customers at that time we didn’t receive any communication from their end now how to encash money. Kindly give us suggestion Kindly contact us on 9849997899 vijay

Dear All Members, In case of merger, if a company wants to call meeting of creditors. is it practically possible? How can this be done? Can anyone please help me in this regard.

Does provisions of s. 72A of income tax Act override s. 79 of income-tax act 1961??

Section 164(2) No person who is or has been a director of a company which— (a) has not filed financial statements or annual returns for any continuous period of three financial years; or (b) ..... shall be eligible to be re-appointed as a director of that company or appointed in other company for a period of five years from the date on which the said company fails to do so. In the above context, if a company has filed the financial statements or annual returns after the due date with additional fees in the last two years and is unable to file the current year's financial statement within the due date, will the directors get disqualified

Can a person,who is already M.D. of a Holding Company and its Subsidiary,be appointed as M.D. of any more Company?

At the time of filing Form MR-1 for re-appointment of WTD whose age is less than 70 years I am facing problem to check form bcoz again n again system shows that you have to fill SRN of MGT-14 (for special resolution for appointment) but practically WTD was appointed merely by passing ordinary resolution, so can u plz help me wid that...

As per naming guideline, we can not use general name alone The guideline is sailent on adding either prefix or suffix. Our. Client is ready to add suffix. However, CRC is asking for adding prefix and not suffix . Request you to confirm is there any guidelines which specifically ask for adding prefix before general name which resembles objects of the proposed company or can we challenge the CRC on this matter

Dear Members, The RoC has ommitted to take on record a form 17 filed by the company back in year 2006 via manual filing and today the issue is being faced because of that. Original filing details are available and the form in acknowledgement is also available with the company. how to proceed now as the event dates back to a time when RoC worked with physical filings.

There is a joint venture between NTPC and mirza urza Ltd. They both acquire 50-50% shares. In article of Association, it is written that the control of management will be of Ntpc. And, NTPC is controlled or managed by central government as it acquired 70%shares of NTPC. So can we say that central government have control over that joint venture or mirza urza Ltd.?

Dear Members, Once a Trust is formed and registered under Trust Act, does it require to comply any other regulatory compliances yearly...like submitting of Financials... If yes then where we should submit the Financials?

What is the procedure to be followed in given scenario: A proprietorship firm was appointed as auditor. The proprietor joined as a partner in another firm from 1/7/2017.Now who will sign the audit report for year ended 31.03.2017 ?

Fellow Members, A proprietorship CA firm was appointed as Statutory Auditors as the first Auditors of the company for FY 2016-17. As on 1st April, 2017, the proprietor firm has been merged into a partnership firm and as on date of signing of Auditors Report & Financial Statements, the proprietor firm is not in existence. My query on whom behalf Auditors Report & Financial Statements will be signed by the Auditor: in the name of proprietor firm or partnership firm.

In the case of Unlisted Company ,Secretarial Audit becomes applicable, if its paid-up capital is Rs.50 crores or more or its turnover is Rs.250 crores or more. My query is in the above case,paid-up capital/turnover will be for the immediately preceding financial year or current financial year.

At last AGM held in September,2017,Mr.X,a NED was re-designated as ID.Thereafter,the Company tried to file DIR-12.However,MCA is not accepting DIR-12 on the ground that his name is already appearing as a Director.What is the remedy?

As mentioned in Guidance Note on SS-1 " The company secretary in practice appointed by the company, the secretarial auditor, cost auditor, or internal auditor of the company can inspect the minutes as he may consider necessary for the performance of his duties." My Query is:- What is the meaning of word "Inspect"? Whether the secretarial auditor, cost auditor or internal auditor of the company can demand for the physical copies of minutes? Whether company is obliged to provide the same?

Hello members, I had filed form 24 for closure of LLP. It has come into resubmission with following remarks. Notarised affidavit ( with Rs. 200 stamp duty) and indemnity bond( with Rs. 500/ stamp duty) to be attached as per Ministry Notification [f. no. 17/61/2016 CL-V]G.S.R470(E) DATED 16/05/2017 regarding LLP rule 2009 under rule 37 (1) for striking of llp 2)consent of DP/P(with letter head of llp),creditors noc,CA cerificate Board resolution of llp to be attached as per details mentioned in llp e- f24. Audited financial statement (not older than one month) to be nill for striking off of LLP3) proof of all compliance(current ITR,update filing position etc)/ attachments to be completed as per Ministry notification.put up for order pl. Can anyone tell me what is CA certificate in this query?? It would be a great help if anyone can share the format of CA certificate with me...

Can a Indian holding company receive a short term loan from its foreign subsidiary? If yes, after receiving can these funds to used in other associate companies?

What are the exemptions available for securities listed at SME exchange under LODR?? Please explain.

Hi All, Can anyone help me about filing FIPB approval for Pharma company 100% FDI as it has sectoral cap of 74%.

Hello Ask Members, Could anybody help me out with draft of Agreement which Company enters with the Related Party when appointed as professional Consultant in the Company? Thanking you in anticipation.

Dear Members, Has anyone file form Inc 28 post merger order.. We filed it.. The same is approved but the status is not changed to amalgamated. MCA is saying file another form as the category others was selected previously due to which the status is not changing.. Kindly suggest.

Dear Members, Can a Board Resolution for accepting resignation of a director be taken from back date. For example, in the Board Meeting dated 4th October, 2017, can the board accept resignation with effect from 15th September, 2017?

Hello All, I am in a process of conversion of a private limited company to public company, for which the special resolution was passed on 13/06/2016 and due to pending forms in the name of the Company Form MGT 14 got uploaded on 31/08/2016 and approved on 01/09/2016, now while filing form INC 27(Special resolution date-13/06/2016 & MGT-14 dated 31/08/2016) there is showing a prescrutiny error that since date entered is beyond 15 days so file order for condonation of delay. the error is flashing in case of prescrutiny of form INC 27, there is no prescribed form for condonation of delay in case of filing form INC 27, kindly suggest.

Dear members, Does we have to mention regarding shareholding of director (in the column "shareholding of directors and key managerial personnel) who is nominee shareholder in the company. Please advise on urgent basis.

Dear All, One of our creditor is merging with their own group company. they are asking for an affidavit to present to CLB which states the resolution in which the director is authorised to sign. such affidavit is in according to section 230(9) of the companies act 2013( to dispense with the creditors meeting for the merger) We just finished our Board meeting and the next is only 3 months after. My querries are: 1. Can the Whole time director of the company (as authorised by the articles of the company) sign the affidavit without giving the resolution. 2. Can it be done by circular resolution. please reply kind of urgent. Thanks all.

Dear All Suppose there is a company XYZ Pvt Ltd having 6 members as follows Mr. A having 50% of capital Mr. B having 10% Mr. C having 10% Mr. D having 10% Mr. E having 10% Mr. F having 10% now company wants to pass an ordinary resolution in a meeting in which Mr. A is absent and others are present. Is this possible?? as Mr. A is having majority of shares?? Please help.

Whether a private company can give dividend to his shareholders. If yes, then what are conditions? Kindly let me know?

Please tell me whether there is any longer period of time to send the annual general meeting notice.

Dear Members, If a Pvt company accepts unsecured loan from a person who is director as well as share holder of exceeding the limit PUC+FR+SPA, will at attract section 73(2) , as loan from director is exempted.

Can anyone please let me know whether a director can put his thumb impression on company's balance sheet? Latterly director has become blind due to some health issue.

Dear Members, Kindly let me know can we modify the class in the application once it is filed. I have filed the application in class 24 and I want to modify the class as 25. Section 22 of the Trademarks Act, 1999 permits the alteration. But I am not sure whether the class can be modified. Please share your experience.

when to file gstr 4 is there any change in due date ?

Point No.5 of GST Council recommendation is as: "To facilitate the ease of payment and return filing for small and medium businesses with annual aggregate turnover up to Rs. 1.5 crores, it has been decided that such taxpayers shall be required to file quarterly returns in FORM GSTR-1,2 & 3 and pay taxes only on a quarterly basis, starting from the third quarter of this financial year i.e. October-December, 2017. The registered buyers from such small taxpayers would be eligible to avail ITC on a monthly basis. The due dates for filing the quarterly returns for such taxpayers shall be announced in due course. Meanwhile, all taxpayers will be required to file FORM GSTR-3B on a monthly basis till December, 2017. All taxpayers are also required to file FORM GSTR-1, 2 & 3 for the months of July, August and September, 2017. Due dates for filing the returns for the month of July, 2017 have already been announced. The due dates for the months of August and September, 2017 will be announced in due course". Now my query is: whether small taxpayers are required to file monthly GSTR 3B or not? If yes then with payment of tax or without payment. Please answer with source for my reference?

Dear Members, Kindly clarify whether there is any applicability of Income Tax on membership fee received by housing society ?

Can sister's husband become a independent director or brother's wife become a independent director if brothers are partner in the partnership firm and this firm now convert into limited company.

Please provide the format of letter of offer for purpose of buy back of equity shares of unlisted company.

What if someone took GST Registration because earlier it was necessary to provide services inter-state, and now as in GST Council 22nd Meet, it has been exempted till 20 Lac?

Dear Members A Foreign Company holding 99% of equity share capital of Indian pvt Ltd Company from the incorporation its i.e 2007. But the company has not filed any FLA return till now. Now the Company wants to file its FLA return. Request you to kindly advice on the issue. 1) Can a Company go for compounding, If yes what is the procedure. 2) Can a company file its current year return with out filing the previous return. 3) What would be the penalty of compounding.

Dear Learned Member, In a private limited company having foreign shareholder as a subscriber. So, what are the compliance need to be follow to issue shares to foreigner subscriber ?

Dear All, From yesterday onwards , I am trying to make payment through ICICI bank and I could not make the same due to issues in the ICICI payment gate. Will the MCA 21 IS of this and whether it has informed the ICICI to sort out the issue. I am trying to upload the ADT-1 form for a company and I am uploading hte same within 15 days of AGM and MCA 21 is showing of additional fees where I have to pay only regular fees. How to rectify the same. Infosys software is really killing our efforts and time . Now , it is annual filing season and errors like above will make the professionals weary of Infosys management of MCA 21 filing. Will the MCA21 answer the above issues. Regards

Dear Members, If the director was resigned and new director appointed in PVT company, now the Balance sheet be signed by new director appointed after March 2017.

Dear Professionals, Please clarify what shall be the stamp value for form STK 3 and STK 4 for filing STK 2.

Please Explain the Related Parties under Accounting Standard 18, Companies Act, 2013; and Income Tax Act, 1961

How to change the Email ID and Phone no. Initially used for generating TRN No., after getting GSTIN ?

After availing Conversion option into composition scheme from normal, No previously filled forms details are available after login (Like 3B of July month) as well as there is no options are available for filing under composition scheme for the july-sept. quarter.

A proprietor purchase a mobile phone with GST paid. Get invoice on firm name.can he claim input credit?

Can any one clear my query that Can a graduate from Arts/ Science enroll as a GSTP, there are many people good in Accounts and Taxation but not have commerce degree. Please Clear my query

If some body providing service for repair, renovation and maintenance of immovable property along with required material. Is it fall under work contract?

What is the time limit for appointing first Auditor if BOD has missed it within days?

Hello, I want to cancel my service tax registration. I have yet not migrated in GST. is it mandatory to migrate into GST? how can I surrender service tax without migration?

Please tell me the Procedure to take Registration under Shop and Establishment Act by Company and Other Business Person??

Please tell me the Benefits available to OPC under Income Tax Act, 1961 which is registered under Companies Act, 2013

How to Compute Fair Market Value of Property as on 01/04/2001 which is purchased before 2001 for the purpose of Computing Capital Gain Tax under New Cost Inflation Index??

kindly tell us the TDS rate on Rent.

Please let me know , is it required to file DIR-12 in case of reappointment of retiring of Director u/s 152(6) of Companies act 2013.

I have a practical issue related to my client. Our client Profit is more than 5 Cr. and as per section 197 & 198 maximum permissible remuneration is 11%. They already paid above 1 Cr. to their director(s). What is the legal compliance without going approval to CG. Please provide us format also if any @ csvishalmehra@gmail.com

What is the Due date of filing Tax Audit Report and Income Tax Return of Companies for Assessment Year 2017-18?? Further What will be the Due Date of ITR for Companies which are not required to be Audited u/s 44AB of Income Tax Act??

What is the concept of paid up capital and why pvt. Company and public company have compulsory for minimum capital and why most of.companies paid capital is more than 5 cr if the company less show its paid up capital less then 5cr then no cs is appointed

1.Assessee - Resident individual. During the P. Y., 2.NonSpeculative business income - 72,000 3.LTCG from land - 8,000 4.Unabsorbed Dep - 9,000 Can assessee set off his unabsorbed dep first from LTCG then from Business income, if any left?

A Private Limited has no Subsidiary Company, as defined under Section 2 (87) of the Act. B Private Limited also does not have a Subsidiary Company. However, A Private Limited holds control of more than twenty per cent of total voting power of B Private Limited. Thus, A Private Limited and B Private Limited could be considered Associate Company to each other. According to Explanation to Section 129(3) of the Act, the word “subsidiary” shall include Associate Company and Joint Venture. Kindly clarify following three queries on the subject? (1) In view of the provisions of Section 129(3) of the Act, are both the Companies, namely, A Private Limited and B Private Limited required to prepare and submit a Consolidated Financial Statements of the respective Companies and also of its Associate Company in the same form and manner as that of its own, which is also required to be laid before the Annual General Meeting of either Company, along with the laying of its Financial Statements under Section 129(2) of the Act? (2) Could Section 129(3) of the Act be interpreted to mean that as both A Private Limited and B Private Limited do not have any Subsidiary Company of its own Company, it would not be necessary for both the A Private Limited and B Private Limited to prepare and submit Consolidated Financial Statements and Standalone Financial Statements, simply because A Private Limited and B Private Limited are Associate Company to each other? (3) Could an Associate Company be deemed to be a Subsidiary Company, by way of Fiction of Law, vide Explanation to Section 129(3) of the Act? And hence, both A Private Limited and B Private Limited, being Associate Company to each other, are required to prepare and submit Standalone Financial Statements and Consolidated Financial Statements? An early response will be appreciated.

Date of incorporation is 25/01/2012 and P&l and Balance sheet filed for the period of 25/01/2012 to 31/03/2013. then what will be the due date of first AGM of the said company ? Please explain..

What is the procedure to appoint an auditor by an OPC since there is no need to hold AGM.?

i am a practicing professional registered with mca i have also din. my dsc as a director also registered on mca. but now i am facing problem while affixing dsc as practicing professional.

Please explain some tricks/techniques to be followed to Clear Professional Examinations in First Attempt.

Hi , I have 2 year experience in Human Resource.Now I am looking for a change in something in compliance.So, Anyone can help me on Same.

If the company is showing active on MCA and directors are disqualified than what actions to be taken for removing disqualification. Pls comment

How company will revive the status of Strike off when Directors are Disqualified under 264(2) by the ROC

Is there any accountant job for freshers in kolkata?

ABC Ltd Appointed Anil as director on 1st November, 2016. Subsquently, Anil obtained his DIN on 10th November, 2016. ABC Ltd Filled DIR-12 on 15th November, 2016. Examine the legal validity of appointment of Anil.

The company incorporated in the year 2015.not filed any annual return and IT return,not appointed any CA.not doing any business since Incorporation. If company wants to Strick off can company do so?

What is the difference between Class-2 and Class-3 DSC? For what purpose Class-3 DSC is used.

Whether the company has to compulsory send the notice of the Board meeting to the director who has waived his right to receive the notice?

How can we record the names of the directors who have attended the board meeting through video- conferencing or how the directors participating in a meeting by video conferencing sign the attendance register?

In case a Public company is having a paid-up share capital of ten crore rupees or more, whether such a company requires prior approval of members by special resolution to enter any contract with any related party.

Please explain the basic concept of diminution of share capital and why it is not considered as reduction of share capital.

Director A is appointed on 1st April, Director B is appointed on 18th April, and Director C ceases to be associated with the company w.e.f. 18th April. In such a case can we file one e form DIR 12 for all the three events or we are required to file different forms with the ROC. Please clarify.

How a manager is different from managing director in a company? What is the difference between their powers and role?

Which is the best Institute To learn Stenography in Delhi ncr?

Kindly share the procedure/Checklist to change the registered office of NBFC.

What is the procedure to get the duplicate NBFC registration certificate from RBI in case original certificate is lost ???

How to search PIN Code for address?

The director disqualified under section 164(2) (a) for non filing annual return and balance sheet The directors disqualified from all other companies. Mean 20 companies too coz of nclt paddy has disqualified

Is Pan card of transferor is mandatory for processing of share transfer work.

The term aggregator is used here so. E commerce operator is liable to pay tax But only few ECO are covered why so?

How to remove disqualification of director who got disqualified due to non filing for consecutive 3 years. The company also got strike off by the ROC. So how can we remove his disqualification apart from revival of company?

What can be the remedial procedures for the ones who have got disqualified except going for section 167 of the Companies Act, 2013?

What is TDS mechanism in GST system....... Request to give details information on TDS in GST system.

Re: Treatment of Export in GST A Company is supplying IT Service to its branch located outside India. Should it charge GST on such Service?? Can it claim ITC or Refund on GST paid on Inputs?? What will be the Consequences if it doesn't charge GST on such service supplied outside India (to its Branch)???

WHAT ARE THE PROCESS OF GST REGULATIONS

Please Explain in Brief.

sir/ mam pls clarify my client igst input is 202456 cgst input is 72294 sgst inpur is 72294 out put tax is sgst 138120 cgst output tax 138120 rcm igst 1639. how to adjust the offset liability without paying rcm tax ? pls clarify

We request you to clarify the following. 1. When cotton ginners/merchants purchase kapas from Market Yard, they get number of bills from commission agents for their purchase. We are given to understand that the bills raised by the commission merchants are not GST invoices. Every day number of such purchase bills may range between 0-50. The question is that are they supposed to raise one self invoice (a) for the entire such purchases from Market Yard in a month/in a day(b) for every bill of every commission agent on a day? 2. HSN/SAC codes is unfamiliar to the dealers as well as State Tax officials. Please make a list of HSN codes available at the Central Tax offices. A mail id of the help desk be widely publicised and the information sought from help desks may be made available to those who seek the same. 3. The values in GSTR1 offline version in hsn summary sheet for the goods exempted, has brought in some confusion. Whether all the values of all taxable/exempted supplies are to reported here? If , yes, what are to be filled in for Total Value and Taxable Value columns for exempted supplies?

Please Explain....

What are the career options after doing a master’s in mathematics from Delhi University?

What are all the basic interview questions for any IT related jobs and their answers?

What will be the steps/procedures to revive the company which has been struck off by the ROC?

Please explain if company has filed DIR-12 within 30 Days of resignation of foreign Director but Director is not able to file DIR-11 within the period because of his non presence in india, What can director do to comply with the provisions of the act?

I request you to kindly read the below and clarify the same. One of our group companies which got delisted last year and in dissemination board now. Meanwhile we have decided to convert this public company to private company. This company has more than 200 members and for conversion we need NCLT approval. My doubt here is how can a public company having more than 200 members can reduce for converting it to private? Is the cap of 200 members is to be followed for formation of private company or for conversion also? If reducing numbers to 200 is mandatory what mode can we adopt to reduce it to 200? It would be of great help if you clarify this. With Regards, Iswarya

Dear sir, Kindly clarify the following query. Renting of property to open a food court/customer care for telephone operators(vodafone/airtel) in SEZ is amount to supply of services to SEZ?

What is the effect of GST on imported industrial item. like flow meter and flow switches, suppose these items are being imported from USA. provide the calculation if possible.

Explain the steps to be followed in valuation procedure by discounted cash flow method. How can we say that it is easiest to use for assets and firms whose cash flows are currently positive?

When a Company purchases Capital Assets, then it charges Depreciation on such assets (allowed under Companies act as well as Income Tax act) but when Company transfers this Assets to its Director/Employee at less than book value or at Nil value, Please elaborate tax implications under Income Tax Act??

Please explain the basic concept of Leveraged Buyout and how it is used as a method of funding in mergers and takeovers.

Can a company hold AGM at a place other than its registered office?

One of the NBFC Company has received notice from ROC regarding alignment of the activity code with the CIN of the company. Kindly tell me the procedure in this regard?

I am filing form AOC-4 and it is asking for ADT-1 SRN. But SRN of ADT-1 is not required while filing the form for 1st AGM. What should be filled in place of ADT-1 SRN details?

If the director has two DIN, out of which one DIN has never be utilised and the other DIN which has been utilised in a company has filed form FTE for its closure last year. So, what would be the procedure for the same? Kindly tell me form RD-1 is required to be file or not?

I am facing error while registering DSC on GST portal. Error is "Fail to connect to the server. Please restart your EM signer and try again." Please suggest solution.

How much times to take restored name of one company.

What will be the stamp duty of LLP deed if LLP contribution amount is 1 lac Rs. for Maharashtra Deed

If directors receiving remuneration are exceeding the limits given in said rules then do we have to mention it in Boards Report or not?

Is it a good idea to go for Mergers/Acquisitions as part of growth strategy in today's time ?

Please tell me the procedure of resolution passed by circulation and the businesses for which it is required.

Who are required to get labour licence? what are the those conditions which make it mandatory? what are the process of obtaining it?

Dear Sir Please give information about the sales in GST to SEZ and Export to others countries. We are Exporters of goods to SEZ and other countries. What is the process of LUT Bond? Whats is the Process of Bank Gurantee in this case. Regards Shrinivas Dalave Accounts Excutive Garlock India.Pune

Hi, Myself Amisha here from Ahmedabad, Gujarat. Pl. let me know the method of stamp duty to be paid on share certificates in the state of Harayana. Whether online stamping is available or revenue tickets can be affixed . Thanks. Regards, Amisha Gandhi company secretary +91-94088-69429

Please explain what are the compliances to be fulfilled by private company, public company and OPC within 30 days after Incorporation as per Companies Act, 2013 ?

Is it necessary to inform ROC regarding the appointment of First auditor of a company after incorporation?

Dear Sir, How to calculate advance tax for companies if estimated profit is Rs.9,00,00,00. 1st installment paid on 15 the June 2017 up to 15%? how to calculate next 3 installment pending?

If 'K' hold shares in 'A' then then who will be associate company and who will file AOC-4CFS.??

What opportunities company Secretary has in investment banking and in capital market ? If it's what is the role in employment ? Any certification course to do with CS ?

Has anyone dealt in Bihar Factory License? If yes, Kindly let me know.

Please provide me the updated Audit Report and Financial Statement Format to comply with Reporting on Demonetization for the year ended 31/03/2017

Please tell me about ICDS and it's effective date to Report in Tax Audit Report Form 3CD

Please explain the difference between merger and amalgamation with the help of an illustration.

Please explain the concept of De Minimis exemption and exemption to 'group' under section 5 of the Competition Act, 2002.

Could somebody tell me the exact checklist and procedure for Copyright Registration in India for the website content.

Filed INC -1 came for Re-submission u/s 4(3)(a) as word creates impression that the company is in any way connected with, or having the patronage of the Government. But there are no such specific word in section. Now how to apply for the Name Availability.

How to circulate the corrigendum on AGM notice and what are the parties to whom it shall be sent? In how many newspapers shall it be published? Is there any time limit to it?

Please tell me whether Invoice number is required to be filled in GSTR-1 in case of B2C transaction in the same way it is required to be filled in case of B2B transaction ?

what is the scope.of cs in present scenario bcz many companies doesn't intrested in appoint cs and we are jobless manh timess

Please tell me whether Invoice number is required to be filled in GSTR-1 in case of B2C transaction in the same way it is required to be filled in case of B2B transaction?

What is the concept of CARO? Please explain its applicability.

Please tell me the number of classes under which I can apply for skill training program.

DEFINITION OF INDIA UNDER CUSTOM ACT 1962

What is the retire by rotation concept in case of an unlisted public company?

Where the Shell Companies are defined ?

Could somebody tell me the complete procedure to obtain ISBN for publishing of books to sell further ?

What is the Difference between Depreciation Computed under Schedule II of Companies Act 2013 and Income Tax Act 1961; and what are things need to remember during computing Depreciation of Companies for the purpose of both Acts???

all resolution for appointment of managing director in private limited company. who has attained age of 70 year.

What is the complete procedure to register as TM Agent for a Practicing Company Secretary, checklist if anybody have, time duration and costing part.

Queries are as follows; 1. A client want to carry on the Business of Commodity Trading, so do he required to take prior consent of SEBI? 2. He don't want to get into legalities and compliance's prescribed by SEBI, then is there any alternative option available to him? 3. If he want to take franchise of Security trading, then is there any issues? Kindly advise!! Thank You-Team Compliance Calander & Gaurav Sir!! Regards; CS. Anand Jain.

What are the due date for filing GSTR-1&2 for July?

How to get grugs licence for manufacturing unit in Delhi also specify required documents?

If someone knows then please tell me the procedure and requirements for getting PASARA License in Delhi.

how to get rbi approval while using the word forex in company Name in incorporation of the company and specify documents also.

Can any one please clarify NIDHI Company Compliance which need to be done , if company not doing any business since 2 years (Incorporation)

I want to know the procedure of Trust Registration in Delhi. Please help me out with the procedure and checklist of documents.

Hey, Please tell me the procedure of GST Practitioner.

Could somebody tell me exactly as to what changes have occurred in revised SS as brought about by the Institute of Company Secretaries of India?

Please Tell me in Detail What is the Process of GST Registeration

Dear Professionals, Could somebody guide me how to become an Expert in Company Law and its various implementation?

Please let me know how to submit articles on Compliance Calendar Blogs?

Please let me know the procedure of Trademark renewal in detail.

DEAR EXPERT, LLP FORMATION BY CMA/CS/CA WITH AN INDIVIDUAL TAX PRACTITIONER I am Tax and Labour Law Compliance Practitioner, I would like to form a LLP with a CMA/CS/CA, Can it is possible. Kindly advise me with the provision of LLP Act, 2008 and also with the provision of these professional ACT.

LLP has adopted schedule 1 of the llp act and no agreement is executed . While filing form 3 what should be the attachment as agreement is not executed. Please guide

I want to export electrical goods to USA. For this, I wish to get IEC Code for my Firm. Kindly help me out with the procedure and checklist of documents.

PLEASE ADVISE WHETHER AUDITOR WILL GET EXEMPTION FROM REPORTING ON IFC ON THEIR AUDITOR REPORT FOR F.Y 2016-17 OF COMPANIES WHO HAS GOT EXEMPTION VIDE NOTIFICATION DATED 13 JUNE 2017 U/S 143 OF COMPANIES ACT 2013 MERELY ON THE GROUND THAT THEY ARE SIGNING AUDITOR REPORT ON OR AFTER 13 JUNE 2017 AS 143 SAYS THAT AUDITOR SHOULD REPORT.......... AS ON 31ST MARCH 2017 AND AS ON DATE .

can a private company take loan (without interest) from a partnership from where the director is also a partner in the firm?

What are the legal formalities to incorporate an NGO in India?

I want to get PAN Card, please help me with the procedure.

Please help me out how to register my DSC as a Director on MCA?

Please let us know the procedure

kindly elaborate

Please help me out

What are the ways to make money online?

Hi CCNews, Please let me know the procedure of writing articles on blogs.compliancecalendar.in

Hi Folks, What do you think shall be the impact of Demonitization in India?