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CA Shraddha Vora   24 August 2016 at 14:23

Rotation of auditor

Suppose there is Private Limited Company ‘XYZ Pvt. Ltd.’ to which ‘Rotation of Auditors’ is applicable.
Facts are as follows:
(a) ‘M/s. RS and Associates’ was serving as Auditors of the Company till the FY 2013-14.
(b) Then the Company appointed ‘M/s. PQ and Associates’ as auditors on 30/09/2014 for FY 2014-15
(c) Then ‘M/s. PQ and Associates’ resigned as auditors on 29/09/2014 and ‘M/s. RS and Associates’ were appointed as new Auditors.
(d) Now, ‘M/s. RS and Associates’ wants to resign resulting into creation of Casual Vacancy.
(e) The Company proposes to appoint ‘M/s. PQ and Associates’ as Auditors to fill the Casual Vacancy (which has already served the Company for a period of 1 year)

The issue is, can M/s. PQ and Associates be appointed to fill the Casual Vacancy u/s 139(8) and is the Clause (a) of Explanation II to the Rule 6(3) Companies (Audit and Auditors) Rules, 2014 applicable to M/s. PQ and Associates.

aditya sharma   21 August 2016 at 23:10

Llp agreement

Is it mandatory to do the NOTARY of LLP Agreement.??

I v drafted the LLP agreement on Rs. 1000/- stamp paper and took the sign of designated partners at each pages.....is it sufficient???

KINDLY REPLY.

ummesh   18 August 2016 at 22:51

Continue the firm on resignation of a partner in two partner firm

Ours is a 30 year old registered partnership firm with two partners having equal share in profits/losses. Now, one of the partner wants to resign and retire with his share. I am afraid this will lead to dissolution of our firm (since there are only two partners in the firm and one will leave). Please suggest me a solution by which I can continue with same firm and with same name.

n.s.mani   18 August 2016 at 16:31

Official liquidator

What is the role of OL?
2.How does he represent in DRT?
3.Is the OL to takeup and fight for the company under liquidation when a counter claim is made by one of director cum gaurentor?
4.What are the cases decided by supreme court outlining the functions of OL/company court visa vis DRT

The above query raised may be academic butunless we know the answers of the above mentioned query,iwii not be able to cpmpile and send details of various cases

RADHA REDDY ELLURI   15 August 2016 at 19:05

Deduction of amount by bank officials with out consent of sb account holder

This is to get clarification on the following issue.Person-A has deposited out station non CTS cheque(out side state bank group, suppose for example Indian Overseas Bank of metro branch) in state bank of mysore branch-X(Say Rural branch). After seven days, say 01-08-2016 around 7PM, he received message stating that the amount Rs.50,000/- credited to your account. Due to owning loan to person-B with promissory note as security, Person-A has transferred to Person-B having account in the same branch SB account Stating Hand loan repay through internet banking & collected back his promissory note. Next day, 02-08-2016 ,around 2.44PM, Person-A receives message stating hold and balance is showing -50,000.00 in his SB Account. He has appraised to branch manager stating how can is will be wrongful credit after nearly after twenty hours and requested to release hold on his account. After two hours hold on person-A account is released. Next day, Person-B noted transfer of Rs.50000/- from his account to Person-A stating Cheque WDL, SC Number and learnt that the same amount from Person-A is withdrawn immediately by bank officials at central clearing works. Now, in what way bank officials are empowered to withdraw money from person-B account to person-A,and return to their book of accounts.Now, person-B has complained to bank to credit amount back to SB account as its no where connected with him. Please clarify procedure is as per law or against law followed by bank. How, Person-B can get back amount immediately.
Both persons accounts are SB account, individual type.

Nirmala   15 August 2016 at 17:31

Non payment of tax

Hotel prince gardens in coimbatore ,Ramnagar is using two software fourth dimentions for billing. They show only one soft ware invoices to the tax department where very few bills are raised in that. The other soft ware is in the reception cabin and one in the reception. The second software is not in accounts. They destroy the bills which are raised in the second software. They do not pay tax for that. Please i dont want you to reveal that i have informed you. I was working there for two months.

oyayubihime   14 August 2016 at 15:23

The essential condition of the agm

There are two directors (as same as share holders) in our PVT.LTD company, Both are Japanese, and one live in India, another one live in Japan. We discuss for requirement in Skype. Now, CA said we have to appoint one Indian director and shareholder. Is it mandatory? I like to avoid it. Now business is temporally closed and very less turnover(Less than 10 lakh). Please give your answer and advice.
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Thank you so much for expert's advises.
CA said that appointment of one Indian(or a foreigner who live in India) director and shareholder required for AGM. Is it right?

Basudev Munda   13 August 2016 at 12:24

Section 8 company- registration

Sir/Madam,
For registration a company i would like to know the followings,
1.what is the minimum number of promoter/director.
2. what is the provision of remuneration for the full time/ part time director & promoters.
3. Whether section 8 company receive donation, contribution, contract,gift etc

regards

mayur jain   12 August 2016 at 04:02

cc limit on our property to other but he is not giving back

sir my question is my mama have cc limit against our property before 10 year but now he is not giving us proper detail..... cc limit from central bank of india sahazana bad bhopal branch how can i get the deatail can i stop that cc limit plz need help

Vishal jain   07 August 2016 at 10:43

Defination of workmen

hello..

My client was working as an AREA MANAGER in a Ltd. firm

plz. suggest whether the AREA MANAGER comes under the defination of "workmen"

also plz suggest any judgment if any..