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Priyamvada Rasal   19 May 2011 at 14:45

Redemption of Preference Shares

Hi...

Kindly let me know what is the procedure to be followed for the RBI approval in case of Redemption of Preference shares??Is there any ECB involved if the company is a foreign company??

Regards,
Priyamvada

Anonymous   18 May 2011 at 23:26

transfer

how cn i transfer a immovable property in registrar office which comes to me by dissolution of the firm as retiring partner.
i want to change the title name of the property in tehsil or registrar office.

Anonymous   18 May 2011 at 20:59

partnership firm can give gift

can a partner ship firm give gift to a person
if partners are in blood relation

Anonymous   18 May 2011 at 20:36

Can the Creditor demand EMI from borrower when matter(SARFAESI) is pending in DRT?

Summary -:

1.The Non Banking Financial Company(NBFC/HFC) issued a notice under SARFAESI_Clause13(4) with total demand "(LOAN CLOSURE)".
2.Borrower approched DRT under section 17(1) for interim relief.
3.DRT ordered "Stay On Possession" while directing the borrower to deposit "fixed amount" with in 30 days against LOAN CLOSURE.
4.Borrower complied with the Order before 30 days and the matter is pending/SUBJUDICE before DRT.
5.After 5 to 6 months of the Order Compliance Creditor(NBFC/HFC) is demanding EMI/dues using various means (phone/written/goons/recovery agents).
6.Also the NBFC deliberately bounced the "Security CHQs" for the above EMI amount and threatening use Sec 138 NI act.

Question -:

1.Can the Creditor(NBFC/HFC) demand EMI/dues from borrower when matter is pending before DRT ?
2.Can the NBFC deliberately bounce the "Security CHQs" for the above EMI amount without borrower knowledge ?

K.Ramasubbu   17 May 2011 at 21:06

Sick industrial company

A division of Company X was transferred to Company Y by way of slump sale on 01.01.2011. Company Y was registered during the year 2003. There was no activities in the Company Y from the date of registration to 31.10.2010. For the year ended 31.03.2011, company Y incurred a cash loss which exceeds its net worth. Is it a sick industrial company as per SICA?

Shelley Agrwal   17 May 2011 at 12:30

Limited Liability Partnership

It is pretty clear from Indian Partnership Act that a Individual has to be a partner to form a partnership firm and if one or more companies has are willing then there has to be provisions for the same in the MOA & AOA of the company and MOU should be executed..Now my question is are the above mentioned provisions also applicable in LLP Act as well should partners be Individuals in Limited Liabilty Partnership as well???? or there are provisions kindly reply mentioning the applicable provisions

Anonymous   16 May 2011 at 16:45

banking

Dear Sir,
We have a specific situvation wherein a bank has sanctioned a loan to our company in which our partner was already a defaulter. The specific Partner had managed to keep this a secret with us about the default and managed to convince us in accquiring a loan for expansion of our current business. This particular partner was in good terms with the bank top officials and the loan of .3CR was scantioned.After sanctioning the loan our Partner fradulently managed to transfer the scantion amount to his personal company acount and settled his personal outstanding with the Bank. the bank is a co operative bank in question.
what our question is ..
1) Is it right for a bank to scantion a loan to a company with the partner who is already a defaulter ??
2) Is it possible to get some investigating agency like the EOW etc to do a complete investigation and bring the culprits to the book ??

Anonymous   16 May 2011 at 14:26

Maharashtra Rent control Act, 2000

I want to purchase a premises of which Rent Reciept is in name of Pvt Ltd. Comany.
in view of that i am taking over the company by purchsaseing the shares of compnay in my name. Rent receipt shall be contiune in the name of original name only.
in future, can Landlord sue that there is a trasfer of shares violate the provision of tenancy laws and can file eviction suit against purchaser.

Gaurav Agarwal   16 May 2011 at 14:06

Non Deposit accepting NBFC

Does a non-deposit accepting NBFC has to maintain a Net Owned Fund of 200 lacs?
Does section 45IA is application to non-deposit accepting NBFC? NBFC is purely in business of extending loans to the customers?

M.RAMESH.NAIK   15 May 2011 at 13:50

SALE OF PROPERTIES BY OFFICIAL LIQUIDATOR

WHEN SALE OF IMMOVABLE PROPERTY TAKES BY PUBLIC AUCTION BY OFFICIAL LIQUIDATOR APPOINTED BY HIGH COURT ,AND A BIDDER PAYS THE AMOUNT CAN THE PROPERTY BE REGISTERED TO A NOMINEE(THIRD PARTY) OF BIDDER AND CAN THE NOMINEE PAY FOR STAMP DUTY FOR SUCH REGISTRATION.IS THIS NOT A VIOLATION OF PROCEEDURES UNDER STAMP ACT, COMPANY ACT AND INCOME TAX ACT. KINDLY INFORM .