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sumati   06 January 2014 at 11:50

Partnership

Can a partnership firm be sued in the state where partners reside.?
Can you tell me the cases on this issue.

gaurav gera   06 January 2014 at 00:20

Diploma

We are starting a batch giving education in advisory n management . Should we give certification to students ? Does diploma should be recognised by UGC ? What the act apllicable to degree and diplomas ? Pls advice

Navin Pandya   04 January 2014 at 10:10

Company petition

Dear Legal Experts,

Namaste.

Kindly clarify/advise.

Notice was served on M&M Ltd.for removal of Directors under Sec 284 (4)of Companies Act. M&M filed Petition in the Company Law Board, Mumbai Bench by engaging Shri Darius Khambata. Bench Member, Shri V. S. Rao had passed Order in favour of the company even before serving a copy of the Petition to the Respondent. Now the file is missing with the CLB. Earlier,the Bench Member was Regional Director, Ministry of Corporate Affairs whom I had complained against the company.

Can the Company Law Board pass Order even without serving copy of the Petition to the Respondent?

Best regards,

Navin Pandya

RAJNISH BHUTANI   03 January 2014 at 16:22

Payment of interim dividend by pvt ltd co.

If a pvt. ltd. company expects to make a loss in the current financial year, does the company law 1956 permit such a company to declare and pay an interim dividend in the current year which has to be paid out of the opening balance in profit and loss surplus, brought forward from previous years ?

Can the full amount of the brought forward balance in P & L surplus, be distributed as
a single interim dividend in the current year by such a company even it expects to make a loss in the current financial year ?

SIA...............   03 January 2014 at 12:55

Tax and documentation

Hi Experts ,

I am doing a biz as sole proprietorship dealing in hand embroidery and exporting outside India .

Nothing is sold in India .

Please help me with what kind of legal documents and registration will be need to be done from my side as per Indian law .

Also if possible how much all this will cost .

Awaiting your kind reply .

Best Regards,
S

CA CS Jainam Shah   02 January 2014 at 12:26

Conversion of firm and company into llp

My client is the partner in the partnership firm and also a director in a private limited company. Both the businesses are having the same business and object and are running very well. Now he wants to merge partnership firm and company in the new LLP (have to incorporate a new LLP). My questions are as follows:
1. What should I do from the following:
a. First incorporate a new LLP first with the main object clause to take over the business of firm and company or,
b. First converting firm into company and after that new LLP can be incorporated to take over a company.
2. As per section 565, for conversion of firm into company at least 7 partners are required but in my client’s firm there are only 2 partners. So how can I comply with the section 565?
3. Detailed procedure for the option suggested.

Navin Pandya   01 January 2014 at 20:49

Legal inequality: directors vs. employees

Dear Legal Experts,

Namaste.

According to provisions of Companies Act:

1. Under which section of the Act, a person is appointed Chairman Emeritus, even though not a director? The person who holds such position is convicted by court,he has appealed to higher court, not a director on Board, yet Board appointed him Chairman Emeritus.Is this valid?

2. A convicted director is eligible for reappointment after five years of completion of sentence, why not an employee who was dismissed for misconduct?

kindly clarify/advise on the above matter.

Best regards,

Navin Pandya

balaji   01 January 2014 at 18:39

Fema,1999

Sir, Is there any limit/restriction for an nri to hold stake in private company which was acquired while being resident?

Bhagyashri   01 January 2014 at 13:12

Online auction site of other country in india.

One of my friend and I have got an opportunity from a relative in Canada to start an online Auction Site in India.

The concept is one will be able to see a Canadian product in an online shop in India and people can bid on it. The highest bidder ( from India) will get the product. The product will be shipped from Canada ( after paying all the taxes applicable ) to the highest bidder.

The question here is, is such business will be leagal business in India.

Can you please advise me on this.
Thanks,
Bhagyashri

hrishikesh   30 December 2013 at 20:25

Company law board

There are 4 directors in a private ltd company.all having equal share holding of 25% one of the part premises of the company were sold and out of the money came