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mintu   23 September 2009 at 15:22

How to retain control over the management of the new company

Forty years ago Mr. Rajaram started his career as a good grains dealer in Palani. Though there was no one else associated with him in the venture, the business was started under the name and style “Raja & Company”. In course of time, “Raja & Co.” embarked upon many other areas of trading and manufacturing activities. More than 5000 employees took shelter under its umbrella. When Rajaram died recently, his two sons ‘Pramod’ and ‘Pradeep’ inherited the business.

The two brothers decided to convert the business into an incorporated body. They also want to enter the new pastures of ‘oil drilling’. For this they have negotiated with M/S Name Inc. USA for technical collaboration. The latter are willing to provide the technical assistance and other facilities, if but only if, they are permitted equity participation in the oil drilling business. The brothers are prepared, provided that they are quite sure that the management and control of the business will always remain with them.

Assume that the brothers are prepared to make a cash investment of Rs. 5 crores in the oil drilling business, which they have in their personal accounts with M/S Deena Bank, Palani Branch. A few friends of the brothers are also willing to make investments upto Rs. 5 crores in the oil drilling venture. The foreign collaborators want a minimum of 15 % equity participation.

The project cost of the oil drilling venture is assessed at Rs. 60 crores. This amount is to be raised by equity and term loan. The IDBI is prepared to provide the loan on the condition that the Debt-Equity ratio does not exceed 2:1.

The brothers seek your opinion. Give a detailed legal opinion, explaining the legal provisions and modus operandi for the same. It must be specifically explained how your advice when implemented would ensure that the brothers together can always retain control over the management of the new company.

riven

subramanian Ramiah   23 September 2009 at 15:20

unable to pay bank dues

My son has obtained personal loans from
banks . Due to City Limouzines fraud he is
unale to repay the the loans. He was promptly paying so far from remittances received from City Limouzines. His monthly salary is Rs. 10000 only. I want to help him by disposing a property inmy village. If I go for selling urgently it may be fixed at 2lakhs. His dues are around 10 lakhs. Kindly adviseriven

dk.anand   23 September 2009 at 15:19

issue of NBW by Magistrate

sir,my friend has submitted application for exemption of hearing with medical certificate in criminal case u/s 420 ipc magistrate outrightly rejected itas no PWS at evidence stage present even.accused filed revison against the order of Magistrate who assigning without any reasons, At revisional judge,advocate withdrawn petition,can it be file again at sessions on any ground or can accused can go to High court for unjustified order of magistrate.riven

cs   23 September 2009 at 15:18

annual return

plz tell the time limit for filing revised annual return formriven

Swapnil Kabra   23 September 2009 at 14:37

Obtaining an LLB degree

I am consultant working in the risk management and compliance space. I wanted to get the LLB qualification. Please help with the procedure to followed (extrance exams etc.), timelines (date before which forms should be filled)and colleges across mumbia with contact details.

Thanks in advance.riven

manoj   23 September 2009 at 13:14

income taxsec 50C

whether value adopted by State Government for the purpose of payment of stamp duty in respect of transfer of immovable property by lessor durng lease period can be adopted for the purposes of section 48 as deemed to be the full value of the consideration received or accruing as a result of such transfer ?
riven

cs   23 September 2009 at 12:42

return of allotment

plz tell me the procedure of amending the return of allotment previously filed with roc


plz dont ask me for the details
just tell me in general

plz reply soon its urgent
riven

V.PAVAN KUMAR   23 September 2009 at 12:18

Registration & Stamp duty

Respected Sir,

As has been asked you earlier about Lease Deed, we are planning to take godowns in Hyderabad on long term lease (say 10 years period) which is extendable for further period on mutual consent.

Do we need to register the Lease Deed?

If we take the Lease Deed on bond paper and get the same signed by both the parties, will it be binding on them and valid in the Court of law?

Kindly send me your views.

Regards,

PAVAN KUMAR Vriven

kennii   23 September 2009 at 11:23

franking of stamp duty


Is franking of stamp duty on any legal document sufficient enough to make it valid or some document requires only on stamp paper ? Please clarify.

Thank You !riven

Member (Account Deleted)   23 September 2009 at 10:57

Indian Citizenship by registration

If a person acquires indian citizenship by registration. is he eligible for highest positions like Preisent of India / Prime Minister of India? Please clarify.riven