Corporate Law queries [380]

K.K.Ganguly 07 May 2011 at 12:04

Can consultancy fees for project in Sikkim be sent to a/c in Phillipines?

My brother who is a USA citizen but stays in Phillipines has got a conract to work in a hydroelectric project in Sikkim as consultant run by a Public Limited Company. As per he Agreement the employer will pay the income taxes. His reimbursement/ fee is to be paid into an account nominated by him off shore to Philippines.All Indian Taxes and costs are to be paid by the employer and tax receipt for tax paid issued at time of payment of consultancy fee.
Would the learned experts kindly answer the following.

1) Shall he be required to open I.T.File, obtain PAN Card & file return?

2) What are the requirements and protocols to transfer funds to account in Philippines
3) Can he nominate payment to account in his wifes name at Phillipines?He will be in India on working visa.

I will be thankfull if the experts kindly give their opinion at the earliest.

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Anonymous 07 May 2011 at 11:34

Work Experience

I was working as a partner in a partnership firm engaged in the business of Contractor having three partners vide a partnership deed which was AT WILL. We all three partners have decided to dissolve the said partnership firm.
Now, I wish to start the business as the propreitor of new concern and will do the same business which was being carried out by the partnership firm.

Kindly let me know with relevant details -
Whether my work experience as partner in the partnership firm will also be considered as my individual work experience and can be taken into account for my proptreitorship concern.

with thanks & regards
Mahesh Agarwal

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Debashis Mandal 06 May 2011 at 02:11

Incorporation of a Company

Respected Experts,
For Incorporation of a Co. Form 1,18 & 32 r to be uploaded - at the time of uploading of such forms, after uploading form 1 is the system itself ask for form 18 & 32 or is there any other option will come by which such 3 form can served under a single SRN.
Again while paying stamp duty through MCA21 is it to be paid befour uploading the above mentioned forms or after uploading of such forms, because at the time of payment the system is asking for SRN - which SRN is this.
the stamp duty which r to be paid is it for only MOA & AOA or also for Power of Attorny & declearation u/s 33(1) & (2) of Companies Act.1956.
Thanks
Debashis Mandal

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MANOJ SATAPATHY 05 May 2011 at 16:05

plea of corporate veil

Can a authorised signatory/officer of a pvt ltd company defend himself by taking a plea of corporate veil for an act done by his subordinate or himself in the interest of his company ?

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chetan 04 May 2011 at 17:01

partnership firm

i want to register a manfacturing firm with one of my friend as partner. can we add Private Ltd to the name? are there any conditions to do so, if then what are they.
what eligibility is required for the same.
advantages and disadvantages of adding the Pvt Ltd tag.

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Anonymous 04 May 2011 at 14:39

Corporate Law - Memorandum & Article of Association

Dear Sirs,

Please give me a sample MOA & AOA of a Private Limited Company having business of Restaurants.

Thanks,

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AAK 04 May 2011 at 13:15

NI ACT

Dear Experts,
Please Advice..

A and B are making transactions. A has given materials on credit to B. B was not in position to pay, so to help him, his relative C was ready to pay the debt to A but without any paper work and as a part payment he issued a cheque and the cheque got bounced.

Now there being no transaction between A & C, whether still A can issue notice u/s 138 NI act? Whether can we say A is holder in due course? what transaction is to be shown in notice?

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chetan 04 May 2011 at 10:18

Registration of firm

i want to register a manfacturing firm with one of my friend as partner. we both have jobs now. we want to keep working untill we settle in our business..i would like to know whether registering the business on our names would call in trouble ? or is it better to have it registered with our spouses names. what problems may arise in this case? what other option do u suggest.?

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Rahul Sharma 03 May 2011 at 17:22