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n v sudhakar   15 September 2011 at 19:57

Section 274 (1) (g) of the companies act, 1956

Whether it is applicable to Private Limited Company?

Submission of declaration by one of the director under above clause -

1. is it the responsibility of director on his own to send the declaration? If so to whom he has to send, whether to the company or to the auditors of the company
or
2. the company has to send declaration form to the director to fill in and send.

What is the role of the Auditor in this particular clause. (There was a dispute going on among directors of one company. The auditors have commented like this in their audit report: " Mr ______ has not produced written representations as to whether or not the companies in which he is a director as on 31st March, 2010 had defaulted in terms of section 274 (1) (g) of the Companies Act, 1956. In the absence of this representation, we are unable to comment whether Mr _______ is disqualified from being appointed as director under clause (g) of sub section (1) of section 274 of the Companies Act, 1956. As far as other directors are concerned, on the basis of the written representations received from such directors, and taken on record by the board of directors of the company, we report that none of the remaining directors are disqualified from being appointed as a director in terms of clause (g) of sub section (1) of section 274 of the Companies Act, 1956.)

An early reply is requested.

Regards

N V Sudhakar

Sathyan Avinash   15 September 2011 at 16:28

Foreign shareholders and directors in a private company

I have hereby received a request for incorporating a private limited company with the facts being the following:

1. All the shareholders are foreigners.
2. All the Directors are foreigners.
3. But the Company wants to have place of registered office in India and carry on its operations in India.

Please guide me through this case.

Thank you in advance

Anonymous   15 September 2011 at 00:42

Financial burden

Dear experts,I am one of the business men in our town in the name of GANESH TRADERS.one of the business men done business in my name with surya traders with Ramesh which belongs to surya.The business man who had business due paid the entire due to Ramesh.Now surya filed a case againist me for recovery of some amount.Is it tenable? kindly give suitable advice in this regard.

Arvind Sharma   14 September 2011 at 18:08

Re: recruitment charges

Dear all,

I am running my own recruitment firm in Delhi. Have given my recruitment services to one of known event Management Company and one of my candidate joined the company on 6th June'11.

Now as per the agreed T&C on e-mail the company agreed to pay my service charges within 30 days time but as the time over they refuses to pay my charges saying that they will release the payment after 90 days instead of 30 days (clause of replacement for 90 days).

After 90 days when I contacted to HR they started giving excuse that Director is out of country and as he will return back will release my payment. I am getting this excuse from last 10 days.

Please let me know what should I do to get my payment.

regards,
Arvind

Anonymous   14 September 2011 at 12:21

Corporate

can the preference shareholders waive off their right to cumulative dividend??

Anonymous   14 September 2011 at 11:49

Corporate

will the cumulative dividend only be paid when there is profit in the Private limited company?

Anonymous   14 September 2011 at 10:39

Export incentive

Party A (manufacturer exporter) based in Mumbai has procured raw material from Party B based in SEZ, Karnataka.

Party B has paid customs duty incl. 4% SAD and has charged Party A.

Party A has processed these goods in their factory in Mumbai has exported these goods from JNPT.

Party B has given Gate Pass, TR6 Challan and Bill of Entry to Party A.


What kind of refund (Customs, SAD, Excise) refund can Party A in Mumbai claim?

UKO   13 September 2011 at 22:04

Remedies for breach of confidentiality by competition regulator

Dear Sirs/Madams,

As per Competition regulations 2009 one can claim confidentiality on documents; my query is that what kind of remedies will be available in general and particular law both to an aggrieved party if its confidentiality is violated by the regulators most importantly the director general under his powers under section 41 of the act?

Any general law remedies shall also be welcome. Many thanks in advance.

Regards

Sajid   13 September 2011 at 15:46

Contract format to act as an agent - international.

I need a International Contract Format for an Agency.

Our Supplier is a foreign Exporter. Our Importer is also a foreigner. We Agents are from India.

Please guide us to get the Commissions from the foreign country.

sweta   13 September 2011 at 15:23

Urgent

Dear All,

Please find the case below:

"A Pvt Ltd" is holding Company of "B Pvt Ltd". "B Pvt Ltd" was incorporated with authorised capital of Rs. 50 lakhs. By mistake even the subscribed Capital was entered as Rs. 50 lakhs in MOA & AOA subscription page. Also, the company was incorporated with subscribed Capital Rs. 50 lakhs.

Now, "B" has completed one year and as on date the Subscribers have not paid the subscription money. They have deposited only Rs. 1 lakh in the bank. The company has not issued share certificates to the subscribers.

On MCA portal, authorised and paid - up capital is shown as Rs. 50 lakhs.

Now, is there any solution so that we can reduce our paid - up capital. I mean can we reduce our subscribed capital. Is there any way in which we can show that or rectify mistake.

What should be the further course of action in this regard.

Warm Regards,

Sweta Todi
M.Com, A.C.S

9833189497