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Anonymous   14 May 2011 at 17:28

Amalgamation of company

I purchased shares in one Public Ltd.company in 2005. The company was amalgamated with one Pvt.Ltd.Company with approval of scheme by High Courtin 2006.I was not informed about amalgamation nor offered shares in new company nor any compensation.Where do I lodge the complaint?

Anonymous   13 May 2011 at 13:13

partnership firm

Dear sir/madam,

i have registered a partnership company firm on June 2009 with roc in Hyderabad.the deed have not register still now .we got the certificate.we anre not operated any business on that company still now .

1.i need to pay any tax on that ?

2.how to make deed register with new partners ?

3. is it possible now to operate that company ?

4.is it possible to change name ?

5.if i change the company name and t turned in to pvt ltd company what i get the date of register of that company (is it june 2009 only ?)or incorporation date

Member (Account Deleted)   13 May 2011 at 13:06

Status

Dear Experts,

Kindly decide whether following to be called as Sister Concern.

Information :

Company ABC has following four Directors say A, B , C & D. Among Whom B is the MD of the company.

B is the Son of A.

Partnership firm PQR has two partner A & B [of ABC Company]

Now Partner firm wishes to introduce two new Partners and also wishes to get Bank CC loan.

Whereas Company ABC will be supplier of PQR company for the time being.

Queries :

[1] - If Director B [MD of ABC company remains the partner of PQR company, whether ABC and PQR will be considered Sister Concern?

[2] If B discontinues being Partner but father of his A is the partner of PQR, whether ABC and PQR will be considered as Sister Concern?


Pls guide.



Regards,
Rita

Anonymous   13 May 2011 at 11:06

Minority shareholder wishes to divest

I have been instrumental in gaining a distribution and lately a lucrative repacking agreement for a US based company for their products in India. I hold40% in a pvt limited company formed for this exclusive purpose. When I proposed that I should be paid a salary and sweat equity as 100% of the idea and work is being done by me-the 60% shareholders refused. At this juncture I offered to sell my stake to them about 45 days ago but they have not responded.Moreover though I was prepared to invest to get 60% in the begining, I was denied that as they said 20% was being held in benami for a gentleman who actually helped us get the deal with the US company but which was denied by this person when I contact him to resolve this issue. As these lies have made me apprehensive about their intentions I do not wish to continue as a shareholder. What are my options? Winding up petition? Pre Litigation Complaint? I am prepared to lose my share of the investment but I do not want to continue as a director or shareholder. Any advice will be deeply appreciated.

Bhushan K   13 May 2011 at 10:23

Competition law - query

Dear All,

I have a query as follows:

There is an association of trade in India to which all the entities doing that trade are members. As per the notification of Government, the Association is authorised and is the centre point for registration of distributors for sale and marketing of the products. No one can distribute the products unless registered with the Association (as per government mandate). The Association charges registration fees and renewal fees (every three years) to distributors for such services.

The fees so charges varies from legal status of distributors.

e.g. Individual - 10000
Partnership - 20000
Senior citizen - 5000
pvt. ltd companies - 1,00,000
public limited companies - 10,00,000
etc.

whether charging such differential fees based on the legal status of distributors is in violation of sec 3 or 4 of Competitation Act ? Whether it limits or controls the competition ? more particularly in case of pvt. ltd and public limited companies, is it limiting competition ?

Please share your valued opinion.

Thanks in advance.

B K G












Anonymous   12 May 2011 at 21:28

Can this be considered as deliberate Violation of SARFAESI LAWs ?

Summary -:

1.The Non Banking Financial Company(NBFC/HFC) invoked SARFAESI_Clause13(2) on "DATE1" and issued notice (LOAN CLOSURE).
2.Borrower received the scanned copy (as out of the address) of SARFAESI_Clause13(2) in e-mail BY "DATE2" and replied in mail.
3.Borrower objected by paying 80000/- on "DATE3" under section 13(3A) and NBFC surprsingly accepted against total demand(LOAN CLOSURE) and never replied.
4.Borrower never received notice under SARFAESI_Clause13(4) .
5.NBFC declared the borrower as "EX-PARTY" (Behind the Back) and obtained the Court Order possession and Sell by "DATE4".
6.Collected all the EMI "AS PER WISH" ON "DATE5" and issued a notice dated DATE6 as "SARFAESI is in Hold".
7.Again issued a notice under SARFAESI_Clause13(4) almost 8months after "DATE7".
8.Again sent the LOAN CLOSURE notice "DATE7" demanding the entire loan amount.

Question -:

1.Can Non Banking Financial Company , legally issue 13(4) multiple time without issuing NEW SARFAESI_Clause13(2) notice ?

2.Can the Non Banking Financial Company say "SARFAESI is in hold" "AS PER WISH" ?

Anonymous   12 May 2011 at 21:02

What is the majority of shareholder?

I am a director and 95% shareholder. There is one more director, he has 5 % shareholder also. If he refuse something for company's management,Can not I proseed it?

I have a majority of Share number .
But half majority of person number.

Can I sell my share to other without his sign, agreement?


Anonymous   12 May 2011 at 19:10

Can director invest to company without interest?

I'm a director, and 95% shareholder.
Can I lend company my personal money as unsecured loan without board of resolution?
It is not with interest, I don't get any proffit from comapny.
I invest money for runnning company when capital is less.
Is it wrong?

Money come from my foreign saving account to my Indian saving account, and I transfer from Indian saving account to current account. In this situation, Do I have to inform to RBI?


Anonymous   12 May 2011 at 11:15

Can comapny Stop salary if one direcor is not ready to work more than 5 years.

There are 2 directors in company. One director was not ready to work more than 5 years.

If I will have a board meeting about it , I can not take majority, because we are 2 directors.
He refuse to appoint one more director.

Kindly tell me what can I do in this condition. I have 95% share, and he has 5 % share. there are only 2 shareholder in company.

oyayubihime   12 May 2011 at 10:49

What is Majority of shareholder?

I am a director and 95% shareholder. There is one more director, he has 5 % shareholder also. If he refuse something for company's management,Can not I proseed it?

I have a majority of Share number .
But half majority of person number.

Can I sell my share to other without his sign, agreement?