A notice of investigation was sent to Maina Limited for alleged misappropriation of funds in the Company. As the Company Secretary of the Company, prepare a report touching upon various aspects of the activities of Compa

CS Professional · Resolution of Corporate Disputes, Non-Compliances & Remedies · PYQS · December 2019
A notice of investigation was sent to Maina Limited for alleged misappropriation of funds in the Company. As the Company Secretary of the Company, prepare a report touching upon various aspects of the activities of Company which would prove that the allegation in the instant case is not true.

Answer & Explanation:

Date: The Investigation Authority ABC Building B Block, New Delhi Subject: Investigation notice on Misappropriation of Funds in Mania Limited. Ref: INVIT/19-20/520/dated 05-12-2019 We are in receipt of your letter vide No- INVIT/19-20/520/dated 05-12-2019 regarding misappropriation of funds in of the Company under section 179/180/185/186/188 and other applicable provisions of the Companies Act, 2013. In this connection, we would like to inform you that the Business operation of the company (Basic information about the company: like Name, date of incorporation, registered office, branches, factories and other offices, status of the company, objects, capital structure, voting rights and shareholding pattern of the company.) The present Board of the company comprise (Brief history of past management set up, existing management set up, composition of Board of Directors, terms and conditions of the appointment of managerial personnel, details regarding appointment of directors and their relatives to an office or place of profit.) The Business activities of the company comprises (Nature of existing business, licensed and installed capacities, sources of finance, name of other companies falling within the same group.) During the period referenced under the letter the company has complied with the all the procedure and compliance required under the Act read with rules made thereunder. A summary of the transaction and procedure followed by the company is provided as under for your reference please. Details of loans taken and loans advanced to Directors, the firms in which they are partners or companies in which they are Directors are in accordance with the provisions of the Act and compliance made by the company in this regard. Acquisition/disposal of substantial assets and compliances thereof The investments made by the company and limits approved by the company. Details of utilisation of loans taken, funds raised by the Company. Maintenance of statutory registers including minute's books are being maintained up-to-date. Internal checks and internal control system followed by the company. Working results and financial position of the company in the context of its working results for the last three years. Compliance by the Company and its officers with the provisions of the Companies Act and other Acts, applicable to the Company. A scrutiny of abnormal/heavy expenditure items. Transactions with Related Parties As mentioned above, we have complied with the due procedures and compliance requirement as provided in the law therefore request you kindly consider our submission and take on record the same to close the further investigation in to the affairs of the company. We shall however submit any further information / clarification as may be required by your good selves. Thanking you. For, Mania Limited (Company Secretary)

Topics: Investigation and Inquiry

Open in Interactive Practice Hub · Full Practice Hub · Chapter Weightage · More in this subject

Related Questions in this Topic