1) Kindly email , Fax this Letter to PM/Law Minister to notify immediately "draft notification exemptions to PVT LTD CO"
2) EMAIL IDS OF OFFICERS AT PMO & LAW MINISTRY:
j.ashraf@gov.in ,fmo@nic.in, asbhatia@gov.in,secy.mca@nic.in,vikram.misri@gov.in, a.bagchi@pmo.nic.in, munu.mahawar@pmo.nic.in , g.das@pmo.nic.in , lci-dla@nic.in, secy-jus@gov.in, praveen.garg@nic.in, anilgulati@hotmail.com, atulkaushik@nic.in
3) Letter to be emailed/fax
To
Prime Minister of India/LAW MINISTER OF INDIA
Sub: For Immediate notification of “draft notification on exemption to private limited companies” tabled on parliament on 14th July,2014 for development of corporate environment in India & also so that there is no short term scarcity of auditors
Ref: This letter has been prepared on the basis of suggestions invited from more than 1.5 Lakhs professionals.
Dear Sir
1) Notification u/s 462 of Companies Act, 2013 can be issued in public interest. Govt. is intending to issue exemption notification u/s 462 for private limited companies which itself means that Govt. feels that this notification is necessary for development of private limited companies in India. These exemptions should have been given w.e.f 1.4.2014. However, these will be effective from date of notification. Delaying the issue of this notification would further mean delay in development of private limited companies in India. It is to be noted that formation of Private limited companies in India has already reduced by 95% compared to the period of companies act 1956
2) One of the most important problems that small private ltd companies will face is the appointment of auditors, if draft notification is not notified immediately. Say, A Pvt Ltd knows 50 audit firms. All 50 firms can give acceptance to 20 auditors only. All CA firms already enjoying the maximum permissible limit of 30 audit per partner. Now, they will choose big audits & will reject audit of small private companies. It is to be noted that auditors are appointed on the basis of personal contact of private limited companies. If auditor cannot be appointed in AGM, there are penalty & prosecution provisions. Auditors of many companies have to give acceptance by beginning of next week. Hence, we request you to notify the exemption notification by end of this week so that small private limited companies do not face problem in searching auditors.
3) I had spoken to the officers of the Lok Sabha & Rajya Sabha. As per verbal Communication with them 30 Days mentioned in the Section 462 of the companies Act, 2013 means 30 Sitting days of parliament and 30 Sitting Days has not been completed from the date when notification tabled in the parliament i.e. 14th July. In such situation, notification will carried forward to next session of Parliament. As per the Officers, they are also not clear whether 30 days mentioned in section 462 is 30 days or 30 sitting days. They want to be conservative. They also said that if Law Ministry gives some clarification on the issue they can implement that also.
4) As per verbal communication with MCA Officer 30 days has been completed and there is no requirement of sitting days as per section 462. MCA is sending a letter to the parliament on this issue.
5) I appeal to you to direct the parliament officers to treat notification u/s 462 as passed as 30 days has been elapsed.
Yours Faithfully
CA NITESH MORE,
Email: moreassociate@gmail.com
SUPPORTED BY
YOUR NAME & CONTACT DETAILS
4) CONTACT DETAILS
| Shri Ravi Shankar Prasad Hon'ble Minister of Law & Justice
| 23386615, 23384567 (Off.) |
Name : Shri. P. B. Singh
Designation : JS & LC and IT Manager.
Address : Room No. 416 'A' Wing, Shastri Bhawan, New Delhi - 110001.
Tel : 23073497(Off.)
Law Commission of India
Name: Sh. Sushil Kumar
Designation: Joint Secretary & Law Officer and Appellate Authority
Office Address: Law Commission of India
14th Floor, Hindustan Times House
Kasturba Gandhi Marg, New Delhi – 110 001
Tel.:+91 – 011- 23355738, 23355742; Fax: (0091)/011 - 23736744
E-mail: lci-dla@nic.in
Website: http://lawcommissionofindia.nic.in
lci-dla@nic.in, secy-jus@gov.in, praveen.garg@nic.in, anilgulati@hotmail.com, atulkaushik@nic.in
| Office of the Minister of Law and Justice | |||
| Name | Address | Phone Number | |
| Shri. Ravi Shankar Prasad Hon’ble Minister for Law & Justice | Room No. 402, A Wing, 4th Floor, Shastri Bhavan, New Delhi - 110001 | 23386615 | |
| PS to Minister for Law & Justice | Room No. 402, A Wing, 4th Floor, Shastri Bhavan, New Delhi - 110001 | 23384567/23386615 | |
| APS to Minister for Law & Justice | Room No. 402, A Wing, 4th Floor, Shastri Bhavan, New Delhi - 110001 | 23384567/23386615 | |
| APS to Minister for Law & Justice | Room No. 402, A Wing, 4th Floor, Shastri Bhavan, New Delhi - 110001 | 23384567/23386615 | |
| PA to Minister for Law & Justice | Room No. 402, A Wing, 4th Floor, Shastri Bhavan, New Delhi - 110001 | 23384567/23386615 | |
|
| |||
| Office of the Secretary | |||
| Name | Address | Phone Number | |
| Ms. Anita Kaul | 26, Mansingh Road, Jaisalmer House New Delhi - 110011 | 23383674 | Email: secy-jus @ gov .in |
| Shri. Durgadass Sadwani | 26, Mansingh Road, Jaisalmer House New Delhi - 110011 | 23073217,23383674 |
|
|
| |||
| Name | Address | Phone Number | |
| Shri. Praveen Garg | 26, Mansingh Road, Jaisalmer House New Delhi - 110011 | 23383037 | Email: praveen.garg @ nic .in |
| Shri.Anil Kumar Gulati Joint Secretary and Mission Director (National Mission for Justice Delivery and Legal Reforms) | 26, Mansingh Road, Jaisalmer House New Delhi - 110011 | 23381496 | Email: anilgulati @ hotmail .com |
| Shri.Atul Kaushik Joint Secretary (J-II) | 26, Mansingh Road, Jaisalmer House New Delhi - 110011 | 23385020 | Email: atulkaushik @ nic .in |
|
| |||
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