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Vasu Moottu Kuzhiyil   22 August 2014 at 23:13

Conversion of partnership firm into a pvt ltd co

1) Whether a partnership firm with existing two members (Out 4 who formed PF inin 2012, 2 have already retired signing rtd deeds) can be converted into a Pvt Ltd Co?
2) As our firm was formed in 2012, after conversion whether we can claim the formation with a retrospective effect.

3) after conversion, how do others know that we have been doing business sine formation of Partnership firm

Amit   22 August 2014 at 14:01

Audit for past period - fy09-10 to 13-14 implications - clss

Dear Sir,

One of our client - being a Pvt Ltd Company has not done any Audits, Filed financials, Paid Taxes ( S.tax, PF, PT etc) for past years from 09-10 to 13-14.
where NO AGM was conducted for appointment of auditor and financials as well.

Now we are appointed as Auditor under Cos. Act for the same. Company is applying for CLSS Scheme, 2014 to avail immunity and fees waiver.
CARO is not applicable to Company.

Query: 1.Can company now held AGM dated in 2014 appointing us as Auditor for past 5 years from 09-10 to 13-14 ?

2. Can we sign the audit report ( after duly qualifying non-payment of statutory taxes ? Any precautions are most welcome

3. What would be the date of Financial Statements - can they be dated of respective years or has to be current date of signing

4. Applicability of Law - As per Gen. Circular, the provisions of Cos. Act 1956 will only apply as clarified by MCA

Company Law expert advise are most welcome. Many thanks for your time and guidance

Yogesh Kumar Gulati   22 August 2014 at 07:18

Winding up of a company

I want to file a petition for winding up of a company based in Jabalpur for its anability to pay the debts. As per the Company Act 2013, this suit needs to be filed before National Company Law Tribunal. This Tribunal is not constitued as yet. Where I need to file this suit. Which Company Law will be applicable 1956 or 2013. Please suggest.

I wish to appoint a competent advocate having experience of Company Law


Yogesh Gulati

sujit   21 August 2014 at 21:44

Franking of documents

i have got franking done on wrong drafts , for rs 40000/- ,is there any way by which i can get it rectified or can i get the amount back from the bank and get other drafts franked

mohan sehgal   20 August 2014 at 21:04

Central excise

By wrong advice,we filed for central Excise

Registration even though we are only Job Work Manufacturer....Processing/Working on Inputs/Semi-finished goods supplied by the maufacturer/seller of goods on payment of excise duty,,,what is the procedure to be followed for surrender of excise R.C.....

Rohit Gupta   20 August 2014 at 18:17

Section 14 of sarfaesi act

is it mandatory for district magistrate to take the 13 point affadavit from the authorized officer as per amended section 14 of the sarfaesi act?if he does not have affadavit can he proceed to give the possession of the motrgaged property?

Hira Kan   20 August 2014 at 16:31

Deposit / loan : deemed public company (ca, 1956 and ca, 2013)

Please confirm the following,

whether the Loan from Director to deemed public Company was permitted under old act (CA, 1956) ?

whether the Loan from members to deemed public Company was permitted under old act (CA, 1956)without following any procedure ?

Please confirm, whether the Loan from members (received on 01.04.2014 without following procedure) to deemed public Company is permitted under New act (CA, 2013)?

Sameer   20 August 2014 at 16:28

Appeal against arbitartion order

Sir

I want to move an application under section 34 of Arbitration and Conciliation Act, 1996 for setting aside order passed by arbitrator of stock exchange as same has not been decided on merits, however the grounds as contemplated by the section does not allow the same, therefore please guide on the possibility of filling a fresh complaint with district consumer forum and repercussions of same










jiten   20 August 2014 at 13:09

Hello sir

dear sir
i need your valuable suggestion on delar/customer agreement,thing is both the parties did above agreement on 2009,now one of the party wants to closed his branch,and after that he will opened new branch and wants to do business with the same party,
in this situation we have to do fresh delar/customer agreement,and he also wants that his earlier depost sholud be adjuested in his new branch,
so can u pls tell me that which clause sholud de include in new agreement,and one more thing is both the party's agree to do the same.
so if possible then can u please suggest me which clause should be added
regards.

Sushil Kumar Sharma   20 August 2014 at 09:27

Section 188 of the companies act, 2013

Dear All Experts,

We haave issued notice of AGM, wherein resolutions under section 188 of the Companies Act, 2013 are taken as a Special Business. Now, as per the amended rules issued by the MCA, we are not required the approval of shareholders by passing special resolution but the Notice of AGM is already issued.

Please suggest me how to deal with this situation?

Thanks & Regards,

Sushil Sharma