Category Archives: Companies Act 2013

Independent director for maximum two terms

By | October 13, 2015

Whether an independent director may continue to be so appointed for a maximum period of 10 years, or whether he can continue to be an  independent director for maximum two terms, even if each such term is less than 5 years. Answer: MCA vide its clarification no. 14/2014 dated 9th June, 2014 has clarified that while appointment… Read More »

Independent directors shall be included in the total number of directors ?

By | October 10, 2015

 Whether independent directors shall be included in the total number of directors for the purpose of sub-section (6) and (7) of section 152 of the Companies Act, 2013? Section 152(6) of the Companies Act, 2013 provides that unless the Articles of Association provide for retirement by rotation of all directors at every annual general meeting,… Read More »

PAN is now mandatory in Form No MGT 7

By | October 7, 2015

COMPANIES (MANAGEMENT AND ADMINISTRATION) SECOND AMENDMENT RULES, 2015 – AMENDMENT IN FORM NO. MGT 7 NOTIFICATION GSR NO. 737(E) [F.NO.01/34/2013-CL-V-PART-I], DATED 24-9-2015 In exercise of the powers conferred by sections 88, 89, 91, 92, 93, 94, 101, 105, 108, 109, 110, 115, 117, 118, 119, 120 and 121 read with sub-sections (1) and (2) of… Read More »

AUDIT ENGAGEMENT LETTER

By | October 6, 2015

Date : The Board of Directors, Company Name Address. Dear Sirs, Re.:   AUDIT ENGAGEMENT LETTER The purpose of this letter is to confirm our understanding of the terms of our appointment to audit the Balance Sheet of Company Name.(“the Company”) and the related Statement of Profit and Loss, Cash flow statement and notes thereon collectively referred to as… Read More »

Net worth does not include non refundable share application money pending allotment

By | October 2, 2015

An unlisted company accepted share application money on 15 March 20X2 for allotment of shares. The terms with shareholders provide that share application money shall not be refunded. Shares could not be allotted as at the year ending 31 March 20X2. Now the company is finalizing its financial statements as at 1 Sept 20X2 and… Read More »

Loan from Relative of Director of Pvt Company

By | September 16, 2015

As per the notification by MCA, now the Private Companies can accept the loan from Relative of Director TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, [Section 3 sub-section (i)] Government of lndia Ministry of Corporate Affairs Notification New Delhi, dated,15th september 2015 G.S.R. – (E). – In exercise o{ the powers conferred… Read More »