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Archive: 08 July 2014

Posts in 08 July 2014

Compliances for Private Company under Companies Act 2013

July 8, 2014 91465 Views 15 comments Print

CS Divesh Goyal ♣   MEANING OF PRIVATE COMPANY As per Section 2(68) “Private Company” means a company having a minimum paid-up share capital of ONE LAKH rupees or such higher paid-up share capital as may be prescribed, and which by its articles,— (i) Restricts the right to Transfer its Shares; (ii) Limits the Number […]

Change of Classification at Service Receivers End

July 8, 2014 3352 Views 0 comment Print

Dr. Sanjiv Agarwal The nature of taxable services at the service provider’s end decides the classification of taxable services by the service provider as per the provisions of section 65A of the Finance Act, 1994. Based on such classification, service provider obtains the service tax registration, pays service tax and files service tax return. The […]

Procedure For Private Placement Of Shares Under Companies Act 2013

July 8, 2014 123978 Views 11 comments Print

CS Divesh Goyal Section (1)(c) read with Sec-42 of Companies Act 2013 1. Check Provision in Article regarding Private Placement 2. Call Board Meeting: • To Prepare Offer Letter • Make Proposal for Private Placement • Prepare list of persons to whom option will be given • Call EGM 3. Call EGM: • Pass SR- […]

How to Incorporate Company Limited by Shares Under Companies Act, 2013

July 8, 2014 3117 Views 0 comment Print

CS Divesh Goyal 1. To register a company, you need to first apply for a Director Identification Number (DIN) which can be obtained by filing e-Form for acquiring the DIN. Form DIR 3. 2. Acquire or register for DSC and register yourself as a user in the relevant user category, such as registered and business […]

Procedure for Increase in Authorise Share Capital under Companies Act 2013

July 8, 2014 11835 Views 0 comment Print

CS Divesh Goyal INCREASE IN AUTHORIZE CAPITAL GOVERN BY SECTION 61. PROCEDURE First check is there any provision in AOA regarding increase in capital, if there is provision in Article then it’s ok, But If there is no provision in AOA then first Alter AOA. Hold a Board Meeting –         To Get approval of Directors […]

Procedure for acceptance of Deposit by Public company

July 8, 2014 8966 Views 0 comment Print

CS Divesh Goyal Sec- 76 of Companies Act 2013 1. Call Board Meeting: To pass resolution for acceptance of deposit from members Approve Draft DPT-1 (Circular) Appoint a Trustee Call General Meeting Authorize Director or Secretary for further process 2. Call General Meeting Pass Ordinary Resolution for acceptance of deposit, if deposit with in limit […]

Procedure for acceptance of Deposit by Private company

July 8, 2014 5763 Views 0 comment Print

ACS Divesh Goyal 1. Call Board Meeting: • To pass resolution for acceptance of deposit from members • Approve Draft DPT-1 (Circular) • Appoint a Trustee • Call General Meeting • Authorize Director or Secretary for further process 2. Call General Meeting

Deposits Under New Companies Act and requirement of Filing DPT-4

July 8, 2014 25176 Views 1 comment Print

ACS Divesh Goyal DEPOSITS UNDER NEW COMPANIES ACT ARE A CRITICAL ISSUE FOR ALL COMPANIES, MOSTY FOR PRIVATE LIMITED COMPANIES. ON EVERY ISSUE RELATED TO DEPOSITS THERE ARE MANY VIEWS. REQUIREMENT OF DPT-4 COMPANY LAW UPDATE: Why old loan from shareholders, relatives & other individuals be treated as deposits in DPT4? 1) Deposit for the […]

Related Party Transaction Under Companies Act, 2013 (Section- 184,188 & 189)

July 8, 2014 123832 Views 4 comments Print

ACS Divesh Goyal Section: 184 Disclosures of Interest by Directors: (1)          Every Director Shall disclose his Concern or interest in any company Companies Body Corporate Firms Other Associations of Individuals by giving a Notice In Writing In Form MBP 1. At First BM in which he participate as director                                        AND Thereafter, At First BM […]

Appointment And Remuneration Of Managerial Personnel: Companies Act 2013

July 8, 2014 143368 Views 27 comments Print

ACS Divesh Goyal Managing Director is Key Managerial Personal of utmost importance. He is face of a company and its decision-making mechanism. A person gain significant advantages as Managing Director which may not be there, in case of his appointment as Manager or Chief Executive Officer. While Chief Executive Officer has no special advantage except […]

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