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RACHIT   27 March 2014 at 13:35

Clarification regarding sec 135 of company act 2013

Respected Sir,

I have a query regarding applicability of section 135(5) of company act 2013 which provide as under:

The Board of every company referred to in sub-section (1), shall ensure that the
company spends, in every financial year, at least two per cent. of the average net profits of the company made during the three immediately preceding financial years, in pursuance of its Corporate Social Responsibility Policy.

So my question is related to my company in which my internship is going on :
sec 135 is effective from 1st april 2014, where it is mentioned to contribute 2 % of the average net profits of the company made during the three immediately preceding financial years for social cause. Our Company has earned profits of more than 5 crore in preceding financial years i.e before 1st,april 2013. But in quarters of 2013-2014 it has incurred huge loss.

So is still company is requirred to contribute to fund or is the average net profit of preceding 3 financial year is taken into consideration from 1st april 2014 ????

OR

Is past profits i.e before 1st april 2014 is taken into consideration or only the profits from the date of implementation of sec 135 is consisdered ??

Confidential   26 March 2014 at 13:21

Mou

What can be the contents of an MoU between two establishments under the following arrangements:
1. Company A is involved in Manpower(labour) supply and Recruitment of staff.
2. Company B is involved in HR outsourcing - except Manpower (Labour)supply.
3. Company A has approached Company B to provide HR Outsourcing & consultation to its clients under the name of Company A.
4. Company B will generate invoices in the name of Company B and will not Directly raise invoices to the clients of Company A
5. Company A will include HR Outsourcing and consultancy in its website and any subsequent inquiries will be forwarded to Company B.
6. Company B will not approach any clients of Company A and will accept this MoU as a non poaching agreement.
7. Company A has agreed to allow Company B to use office premises & other facilities or utilities if or as and when required.

Kindly advice what else can be included in the MoU.

Or can any one forward a format of MoU.

VIPUL KUMAR SHARMA   26 March 2014 at 12:45

Corporate social responsibility

From which year we should calculate our company's Net Profit to see that whether we constitute Corporate Social Responsibility committee or not in our company.



hetalsangoi   24 March 2014 at 08:24

Mou validity and why peoplr enters in to , pro and cons

1)Whatis the validity of MOU? Is it enforceable in law! Why party enter to the MOU and signed? What are its pro and coins?

Confused Indian   23 March 2014 at 20:46

Pil against two big corporations : volunteers needed

Hi,
I have a couple of issues which are essentially legal violations against its clients by renowned corporations.

I am looking for volunteers - experts or otherwise who can take this up and file PIL. I can provide all the details along with modes of conducting sting operation.

Please send PM with contact details - phone/email, if you are interested.


PS: I am not looking for suggestions of approaching consumer court. There are instances where people have approached consumer courts and won against these corporations.

mohan sehgal   22 March 2014 at 19:41

Central excise

Application( under Rule 7) format for availing provisional assessment for getting duty refund/adjustments.on regular trade Discounts such as cash discount and turnover discounts,which amounts are known subsequently after supply of goods,a sample application performa adreessed to The Asstt./Dy.Commissioner, Central Excise......

somesh   21 March 2014 at 18:50

Auction notice

Dear Expert

I want to know who gives the permission to bank to auction the property of the liable person in navi mumbai and what is the procedure to know whether this permission is granted or not?

The property is mortgaged against NPA CC A/c with bank.

Please let me know

Member (Account Deleted)   21 March 2014 at 12:17

Company secretary

As per the provisions of the Companies Act,2013,a KMP cannot hold a full time job in any other company except in its subsidiary. However, he can hold the post od director in any other company.
Now my query is can the CS of a company having paid-up capital of more than Rs. 5 crore be appointed as CS in one or more of its subsidiary(ies)? Can he hold the additional post, even if the paid-up capital of its subsidiary(ies) exceeds Rs. 5 crore?

Zarna   20 March 2014 at 19:28

Conversion of sole proprietorship under part ix

Can anyone tell me how to convert Sole Proprietorship Firm into Private Limited Company under Part IX of Companies Act?

Gorthi   20 March 2014 at 11:39

Public charitable trusts vs unsecured loans

Dear All,

Please confirm.

Is Public Trust can borrow unsecured loans from outsiders i.e private financiers . Interest rate ranging between 14% to 24%.


Trust having registered address in Bangalore is this mean it is governed by the Rules of Indian Trust Act or is there any other law applies.

Regards