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Anant Kadam   21 May 2012 at 10:38

Direct supplies

Hello Sir/Madam,

I am a small dealer for packaged drinking water, I am doing business independently. as I am dealer I have to keep my profit of margin to run business, but from last one year I am facing big problems from manufactures (compilation). they are supplying the products direct to customers, and giving under quoat. its affect me and I am loosing my valuable business. I cant do anything as manufacturers are giving more discounts. now I am in very bad condition.

Please advice me what to do ? is any law applicable to stop the manufacture to direct supplies?

Anand   20 May 2012 at 23:43

Loan recovery

I lent a sum of money to a person who is a partner in a partnership firm. The money was confirmed by another managing partner. If I file a recovery suit, should I name the partner individually or both partners (or the partnership firm as an entity)?

So far, they are refusing to return my money. Can I file an attachment suit on any property?

Rakesh Bajaj   20 May 2012 at 19:52

C forms

I had sent a C Form(obtained by Sales Tax Authorities on 18-2-10)) to a company based in Kolkata for 4tr Quarter 2009-10.

The said C Form has been rejected by their asessment authority on the ground that we(purchaser) should obtain the C Forms only after the completion of the quarter, i.e. we should have obtained the C Form on or after 1-4-10.We had recd 250 C Forms on that date, which we are still using it.

Please confirm is there is any Rule that the purchaser should obtain the C Forms every time after the corresponding quarter is over.

Thanks & Regards,

Rakesh Bajaj
rakeshbajaj80@yahoo.com

Usman   20 May 2012 at 02:00

Really need some good advice

i hve just started a franchisee under a well known company. to introduce myself i emailed all other fellow franchisee holder. which troubled a few in the business.

now one of them is claiming because of my email (which states i will provide better and hassle free service)his mother got sick and is asking for me to pay him sum of 5 lakhs as compensation charge.
i have cross checked the firm is under his name not his mother.

is this even possible am i to be blamed for it?

Member (Account Deleted)   19 May 2012 at 16:22

Sitting fee

Can M.D. of a Pvt. Ltd. Company claim sitting fee for attending meetings of the board?

Can directors be paid sitting fees for attending meetings of the shareholders?

C.A.A.K.Maitra

Member (Account Deleted)   19 May 2012 at 16:13

Auditor

The Companies Act provides that the auditors shall be appointed by an ordinary resolution in general meeting.

If the shareholders agreement contain a clause that the auditors shall be appointed with their mutual consent,what will be its legal effect?

C.S. A.K.Maitra

Vinod Shah   18 May 2012 at 16:56

Formation procedure of section 25 companies

Step – 1 Form 1A: Name approval: An application in E-Form 1A has to be made for availability of name to the registrar of companies, with a fee of Rs. 500/-. It can be filed electronically. Six name in preferential order need to be proposed

Step-2 Application to Regional Director: After the availability of name is confirmed, an application should be made in writing to the regional director of the company law board for granting license under this section. The application must include copies of the memorandum and articles of association of the proposed company, as well as a number of other documents, including a statement of assets and a brief description of the work proposed to be done upon registration.

Step – 3 Filing of Application copy to the RoC: The applicants must also furnish to the registrar of companies (of the state in which the registered office of the proposed company is to be, or is situate) a copy of the application and each of the other documents that had been filed before the regional director of the company law board.

Step – 4 Publication of Notice: Within a week from the date of making the application to the regional director of the company law board, the applicants are required to publish a notice in the prescribed manner at least once in at least two news papers. One notice should be in an English newspaper circulating in that district and in a language of the district in which the registered office of the proposed company is to be situated or is situated and circulating in that district.

Step – 5 Grant of Approval: If the registrar satisfies that the application is complete in all respects and in the best interest of the country, regional director can grant the licence under this section with or without conditions and may also direct the company to insert in its memorandum, or in its articles, or in both, such conditions of the licence as may be specified by him in this behalf

Step – 6 Other Incorporation formalities: After obtaining licence under section 25 the company shall be formed as a normal company and the other formalities of incorporation shall be complied with.

Step – 7 Registration under Section 80G: If a section 25 company gets itself registered under section 80G then the person or the organization making a donation to the NGO will get a deduction of 50% from his/its taxable income. The company has to apply in Form No. 10G to the Commissioner of Income Tax for such registration. Normally this approval is granted for 2-3 years but can be granted earlier depending upon the situations.

Jee Education   18 May 2012 at 14:56

Conversion of society / trust to a commercial business entity

I would like to know what is the procedure involved in converting a society / trust registered in Maharashtra into a business entity ( partnership or Private Company) ?

Member (Account Deleted)   17 May 2012 at 23:35

Wholesaler and retailer

Can a licensed wholesaler of general goods duplicate as a Retailer as well using the same premises? Who is responsible to ensure compliance in the state of Andhra Pradesh?

Rajesh   16 May 2012 at 20:02

Registration as sole proprietor

What are the formalities for registration of business as sole proprietor? Whether gumasta license is sufficient? Can other businessman with same business name file suit for using the same business name?