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Company law

Querist : Anonymous (Querist) 13 January 2012 This query is : Resolved 
what is the material date for issue of compliance certificate??????

Case 1: company's paid up capital is less than Rs. 10 lakhs on 31.03.2011 and increased more than Rs. 10 lakhs after 31.03.2011 but before the date of AGM. whether compliance certificate is required???

Case 2:Company's paid-up capital is 12 lakh on 30th jan 2011 and company approved a buy-back reducing its capital as 9 lakh. and company's capital is Rs. 9 lakh on31.03.2011. whether compliance certificate is required???

Please provide case law..
A V Vishal (Expert) 13 January 2012
Case 1: company's paid up capital is less than Rs. 10 lakhs on 31.03.2011 and increased more than Rs. 10 lakhs after 31.03.2011 but before the date of AGM. whether compliance certificate is required???


Ans. Not required

Case 2:Company's paid-up capital is 12 lakh on 30th jan 2011 and company approved a buy-back reducing its capital as 9 lakh. and company's capital is Rs. 9 lakh on31.03.2011. whether compliance certificate is required???

Ans Same as above

Sailesh Kumar Shah (Expert) 13 January 2012
Case 1:Not required.
Case 2:Required. Every company which is not required to employ a whole-time secretary and whose paid-up share capital is Rs. 10.00 lakh or more at any point of time during the financial year, shall be required to obtain Compliance Certificate from a CSP in respect of that financial year.
Raj Kumar Makkad (Expert) 14 January 2012
I have similar opinion of as vishal.
Sailesh Kumar Shah (Expert) 14 January 2012
@Makkad Sir,

Can I know that why my answer is not right?
prabhakar singh (Expert) 14 January 2012
agree with both.
Deepak Nair (Expert) 14 January 2012
Well advised by the experts.
A V Vishal (Expert) 14 January 2012
I stand rectified on Query No.2
Advocate. Arunagiri (Expert) 14 January 2012
I agree with Mr.Shah.
Shonee Kapoor (Expert) 14 January 2012
Agreed with Ld. Mr. Shah.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
Devajyoti Barman (Expert) 14 January 2012
Yes I agree too with the views above..
Querist : Anonymous (Querist) 18 January 2012
well agreed with you shailesh sir.. your answer seems to be very logical..but can you tell me the name of any case law decided in the issue petaining to case 2.or any MCA notification, circular or any clarification with regard to this.. as Act does not speak of this issue..


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