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abhimanyu   23 June 2021 at 06:45

Financial statement, board’s report, etc.

THIS QUERY WAS RAISED IN FORUM BUT NO ADVICE CAME AS SUCH THIS IS BEING POSTED HERE



As per Section 134(5)(b) of the Companies Act, 2013, the Directors’ Responsibility Statement referred to in clause (c) of sub-section (3) shall state that the directors had selected such accounting policies and applied them consistently and made judgments and estimates that are reasonable and prudent so as to give a true and fair view of the state of affairs of the company at the end of the financial year and of the profit and loss of the company for that period. In this regard, following are queries:

1. Is there any guideline or guidance issued by the ICAI with respect to this aspect? If so please advise.

2. At what time of the financial year, the Directors have to select accounting policies for applying them for that financial year. To make the query more clear, such accounting policies as will be applied to the Accounts for the year 2021-22 should be selected by the Directors at what time

A) in the beginning financial year 2021-22 or

B) can be selected at any time but before the close of 2021-22

3. Whether for Accounts of the Company for the financial year 2021-22, such accounting policies can be selected by the directors after close of the financial year on 31.3.2022 but before the approval of the financial statements by the Board for 2021-22. For example, for the year 2021-22, approval of financial statements shall be done after 31.3.2022, so can such accounting policies as will be applied to the accounts for the financial year 2021-22 can be selected in June, 2022.

4. Suppose, the Directors selected accounting policies in the year 2019-20, which are being applied to the Accounts of the financial year 2021-22. Now, a need arises for modification of some accounting policies to be applied to the accounts for the year 2021-22. Please advise can such a modifications in policies be done after 31st March, 2022, say in June, 2022 for being applied to the Accounts 2021-22.

Anonymous   07 June 2021 at 14:56

Shareholders nominated by state government


To
The Respected
Senior Professionals,

Under Section 112 of Companies Act,2013 states:

Sec 112 (1) The President of India or the Governor of a State, if he is a member of a company, may appoint such person as he thinks fit to act as his representative at any meeting of the company or at any meeting of any class of members of the company.

(2) A person appointed to act under sub-section (1) shall, for the purposes of this Act, be deemed to be a member of such a company and shall be entitled to exercise the same rights and powers, including the right to vote by proxy and postal ballot , as the President or, as the case may be, the Governor could exercise as a member of the company.

Now the concerned Company being a 100% state Govt owned Company. Its shareholders(2 shareholders) nominated by Governor of the State from time to time..
My query is, As per Sec 112(2) those nominated members treated like natural Members does they have aright to transfer shares to anyone without getting permission from the Governor of the State?

Regards
Abhijit Majumder

Anonymous   06 June 2021 at 22:14

Manhandling from senior to junior staff at pvt bank

in one of pvt bank, senior had manhandled junior staff at office premises while official discussion, after reporting to the management, management had removed the manhandled staff to make sure no further conflicts on this issues, after this, within 3 months once this issues are cooldown management had re-admitted this manhandled staff for same position since manhandled staff had good influence at management,

In this case what can be done kindly suggest,

jknksk143   05 June 2021 at 15:23

Looking a experienced corporate lawyer for our organization

Dear Sir,

Good day to you.
Hope you are doing well and good.
We are a Interiors & Exteriors Company based in Tamil Nadu and diversified our business into Finance & Investments, Real Estate and Constructions.
We are looking for a years of experienced expertise to guide us in the perspective of legalities in our businesses.
We will be much grateful if anyone revert back to us to skinteriorsnexteriors@gmail.com

Best Regards,

JK
CEO

Anonymous   31 May 2021 at 12:06

Unregistered service agreement

Dear All, can an unregistered service agreement executed between two companies for providing some services can be effectively enforced before the court (MSME / Civil Court / or other forum)

rahul p   31 May 2021 at 06:20

Resignation during probation period

Hi
I am working with a IT company, India since January 2021 and currently am on probation for 6 months. I am resigning due to bad management policies and got a better offer received from another company.

When I put my resignation, i am asked to serve a notice period for 3 months. The offer letter does not state a different clause for the notice period on probation.

As per my offer letter,

Probation Period:
You are required to serve a probation period of 6 months from the date of joining, after which you will be issued a confirmation letter if your performance is satisfactory.

Notice Period upon Employment Termination:
The Company or the Employee may terminate this contract by giving Notice in writing to the other of not less than 3 Months. Enforcing the option of the notice period is entirely up to the management.

In such cases
1. what should I do as they are not agreeing any thing else.

2. What will happen if I forcefully stop working in that organization in one month time by handover all the assets which I am having.

3. Will they file any complaints against me and stop my career throughout my life.

4. Is 3 months notice period legally valid during the probation period.

Kindly help me with your valuable reply and above concerns.

Shakshi   26 May 2021 at 19:15

Private equity/venture capital

What is the stamp duty payable on Share subscription agreement in Karnataka? Please mention the legal provisions.

jasud Babasaheb   10 May 2021 at 13:10

Can we ask some information from co operative housing soc

Can we ask some information from Co operative society through RTA application.....
as I hv query as below
1. my society charge me parking charges without any information, that parking is free parking in premises
2. there was open space later Muncipal coporation made road from that space, I would like to know whether society has got or is society sell TDR of that land to someone

Anonymous   09 May 2021 at 18:34

Private company improvement law

Hi,

Below is Recruiting company terms for recruiter.

You will disclose to the Company forthwith any discovery, invention, process or
improvement made or discovered or created by you while in our service, and such
discovery, invention, creation, process or improvement shall belong absolutely to and
be the sole and absolute property of the Company, including any computer programs.
If and when required to do so by the Company, you shall at the Company expense,
take out or apply for the latter Patent, Licenses or other rights, privileges or protection
as may be directed by us in respect of any such discovery, invention, creation, process
or improvement so that the benefit thereof shall accrue to us and you will execute and
do all instruments, acts, deeds and things, which may be required by us for assigning,
transferring or otherwise vesting the same and all benefits arising in respect thereof in
our favor or in favor of such other person persons, firms or companies, as the
company may direct as the sole beneficiary thereof.

I need to know what this means.
1) Is it mean that if you do few hours research about career, so do we have to disclose to the company?
2) Can we use this research for personal use until we disclose.
3) If we do online courses, there we do have to do projects, do we have to disclose that projects too?
4) Can we use commercially after we leave the company, if disclosing is not mandatory?
5) any other suggestions.
I will appreciate if experts give advice according to Indian Laws.

Anonymous   02 May 2021 at 12:10

private organisation distance learning permission

Hi,

If person works in a private organisation then is it necessary to take permission for distance learning, online courses, certifications etc in India?