Anonymous
07 April 2011 at 15:37
The LA Act 1894 says in sec51:
"51. Exemption from stamp duty and fees. - No award or agreement made under this Act shall be chargeable with stamp duty, and no person claiming under any such award or agreement shall be liable to pay any fee for a copy of the same."
It only says that any award or agreement made under this Act is exempt from stamp Duty and Fees. It does not say that such award or agreement is exempt from registration or in otherwords not registrable.
Therefore the question arises as to which of the many non-testamentary instruments generated in the LA process by the LAO or the govt or court are registrable?
Anonymous
07 April 2011 at 15:34
A Private Company is incorporating the subsidiary company. The project cost is 5 crore, but the promoters do not want have paid up capital as 5 crore. And they are planning to issue 5% of the initial paid up capital to one of the first directors (A) under ESOP/ Sweat Equity Plan over the period of three years i.e, 1.67% at the end of each year.
Can a company issue the shares at premium for the first allotment?
Please guide me to structure the capital of the Company, and what will be share of the promoter Company and the director A (Remember Company wants Rs. 5 crore for its project). Its urgent, please help me out
Anonymous
07 April 2011 at 15:31
One of our client is going for winding up of the company. It is voluntary winding up by the members. Major problem is there are 5 directors of which 3 are foreign national and 2 are Indian National in the company. But at the time of filing DIN 2 & 3 by the Company it has filed only for 4 directors. The one director left with out any DIN is Indian National having no DIN 1 up to now and at present he is settled in foreign country a year back. He is not co operating for filing DIN 1 in his name. Can we mention that the office of the so called director has been vacant under section 283 of the companies act for not attending 3 boar meetings. If so there is any requirement of filing any document with ROC for such vacation Or there are any alternative methods. If so please suggest the same at the earliest along with the checklist for complying with requirements of ROC for winding up of the company.
The company was formed in the Year 2002.
Is the any simplified exit scheme (SES) for the Year 2010 if so pls intimate.
Pls resolve the query at the earliest.
Anonymous
07 April 2011 at 15:19
Rs. 10000/- COULD NOT BE RECOVERED BY PREVIOUS COMMITEE UNDER FOLLOWING CONDITIONS:
1. EGM HAD SANCTIONED Rs. 80000/- TO BUILD OFFICE. CHEQUE OF Rs. 40000/- WAS ISSUED TO CONTACTOR ACCPTED BY EGM.
2. WORK STRATED BUT COULD NOT BE COMPLETED BUT HAD TO STOPPED DUE TO POLICE COMPLAIN BY NEBOURING SOC.
3. WORK COMPLETED WAS ESTIMATED BY COMMITEE TO Rs. 30000/- HENCE CONTRACTOR WAS ASKED TO REFUND Rs. 10000/- BUT CONTRACTOR REFUSED TO OUR ESTIMATE HENCE HE GAVE BILL OF Rs. 40000/- & REFUSED TO REFUND.
4. MENWHILE COMMITEE HAD TO RESIGNED DUE TO HARRASMENT BY A MEMBER.
5. NEW COMMITEE CULD NOT BE FORMED HENCE ADMINISTRATOR WAS APPONTED.
6. NOW NEW COMMITEE IS IN PLACE. Rs. 10000/-
ARE SHOWN DUE FROM CONTRACOR SINCE THE DISPUTED YEAR 2006 TILL DATE
KINDLY ADVISE COURSE OF ACTION FOR NEW COMITEE.
CAN NEW COMIITEE RECOVER THIS DISPUTED AMOUNT OF Rs. 10000/- FROM PREVIOUS COMITTE MEMBERS AS THEY HAD ON RECORD TAKEN RESPONSIBILITY TO RECOVER THAT AMOUNT FROM CONTRACTOR?
Anonymous
07 April 2011 at 15:12
Lease or Leave and Licence agreement, which one is better option to give a residential property to a tenant. Can licence agreement be made in respect of a residential property or it applies on commercial property only. Is regn. of licence agreement compulsory.
Anonymous
07 April 2011 at 15:11
I am surprised to find that most educational institutions in Mumbai are asking for the submission of original certificates by their prospective teachers, which, according to them, will be kept for scrutiny with the management for a period of 10 months to 1 year. I would like to know if there is any law which gives the employees the right to refuse to submit their original documents.
Anonymous
07 April 2011 at 15:00
Hello eveyone,
I wanted to know if a foreign company has a wholly owned subsidiary in india and it wants to take a loan overseas from a foreign bank, can in such a situation in lieu of the loan there be a charge created on assets of wholly owned subsidiary in india. Is such an arrangement possible and under what provisions? IF yes, whether FEMA Regulations would be attracted in such a situation? Can a Esoppel Letter be issued by the WOS in India to the Foreign Bank??
Anonymous
07 April 2011 at 14:58
what is the remedy available to preference shareholder In the event of failure on the part of the company to redeem the shares on the date of maturity due to losses incurred by it?
Anonymous
07 April 2011 at 14:42
Dear Sir,
A subsidiary company (Private) wants to take a loan from its holding company(Private) situated abroad, with no common directors. What is the best possible option for the subsidiary company to go ahead for this, also would like to know the provisions applicable to that option and requirements as per the law for the same.
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Business name registration as Sole-Porprietor
I am working as an authorized eticketing agent under b2b scheme of Travel Companies like Via, Yatra, Makemytrip etc from home, with a business name of Shubhyatras Travel Lounge(Port Blair).
now i want to run this eticketing business from a small office as a sole-proprietor. I visited Govt of India website and went thru how to start a business. I went to our DC Office which is the authority as ROC for business name registration in the UT of Andaman Islands. But they said, they are doing Registration of Partnership based firms only.
Kindly tell me how can I now, register my business name as a Sole Proprietor. Also if the registration of shop (which i will take on rent from a 3rd party) is necessary or not ?