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SRY   02 October 2009 at 10:42

Regarding a Private Limited Company.

Myself,my brother and our uncle(my dad's brother) are directors in a pvt. ltd. firm in Pune.The premises where we manufacture belongs to my father in MIDC.It was mutually decided that me n my brother would resign from the firm and uncle would keep the firm but vacate the premises.My father wants us to resign only after my uncle vacates the premises and uncle wants us to sign before he vacates.My father has the fear that uncle will not vacate once we resign and uncle has the fear that we wont resign once he vacates.
Uncle has been handling transactions of the firm and we assume fraud activities since want to get rid of it ASAP so that we have no liability.
My Questions-
1)Any way-out so that both parties are satisfied?
2)Since me and my brother form majority,what rights do we enjoy to teach my uncle a lesson?
3)Is it possible to suspend a director in pvt. ltd. co., if yes how?
Regards,
Sanjay

Rekha.....   30 September 2009 at 18:31

Legal Regulation of Economic Enterprise

Dear Sirs/Ma'am

I need ur help (as I m pursuing LLM in Business law) in this. Which points I hv to include in this question.

" Discuss legal regulations over Economic Enterprise in the context of the Provisions in the Indian Constitution "

please help me

thnks

Guest   30 September 2009 at 17:03

Share Transfers

Dear Friends,
A from India transfers his shares in Private Limited Company to ABC which is a Foreign Company. They have executed a transfer deed on 1.1.2009. They have filed form FC-TRS on 10.1.2009.
What shall be the Board's Approval date to this share transfer? Can Board approve this before filing of FC-TRS? Or the Board must verify whether this Form has been filed or not?
Regards,

Dushyant   30 September 2009 at 11:39

Competetion Act

Would like to know obligations of Enterprise under Competition Act?

rajvinder singh   29 September 2009 at 20:48

how a director can resign

sir please tell how a director can resign from the company.he is not an active director.kindly adviose what is the procedure to resign from a company.

the reason is to avoid the criminal liability under section 138 n i act.The M D is issuing the cheques and the notices are coming to directors for insufficient funds.

in such a situation where a director is not active in the business of the company and has recieved 8 notices u/s 138 N I Act.what should be done and what should be the procedure to resign from a company

a.manoharan   27 September 2009 at 08:31

Bank's remedies when other unexpected legal heir claimed

Dear friends,
Bank issued loan on intestate property to legal heirs of wife and son on the basis of Legal Heirship Certificate issued by the Revenue Authorities and the same Mortgage was registered also. When defaulted, the Bank issued possession notice under Serfesi Act , now one unexpected legal heir saying another son sent Legal Notice claiming 1/3 equal share in the total property of house . In these circumstances , how will the Bank proceed further ? What are the Bank's other remedies ? Whether Bank can proceed further under Serfesi Act or to approach DRT directly without proceeding further under Serfesi Act?

sharwan kumar mishra   26 September 2009 at 15:56

query for trust formation

sir
i want open school for social purpose and registered under trust act but one problem faced by me,i want open school in 4 state e.g.bihar,delhi,u.p and utrakhan.am i lible for registration for all state or not.

Saj   23 September 2009 at 21:52

Selling IT related service outside India

What would be the procedures, indian IT companies come upon while selling software services and products to outside clients ?

Is Software Technology Park (STP) registration required for all IT companies exporting software ?riven

cs   23 September 2009 at 15:46

annual return

time limit for filing revised annual return form 20briven

mintu   23 September 2009 at 15:22

How to retain control over the management of the new company

Forty years ago Mr. Rajaram started his career as a good grains dealer in Palani. Though there was no one else associated with him in the venture, the business was started under the name and style “Raja & Company”. In course of time, “Raja & Co.” embarked upon many other areas of trading and manufacturing activities. More than 5000 employees took shelter under its umbrella. When Rajaram died recently, his two sons ‘Pramod’ and ‘Pradeep’ inherited the business.

The two brothers decided to convert the business into an incorporated body. They also want to enter the new pastures of ‘oil drilling’. For this they have negotiated with M/S Name Inc. USA for technical collaboration. The latter are willing to provide the technical assistance and other facilities, if but only if, they are permitted equity participation in the oil drilling business. The brothers are prepared, provided that they are quite sure that the management and control of the business will always remain with them.

Assume that the brothers are prepared to make a cash investment of Rs. 5 crores in the oil drilling business, which they have in their personal accounts with M/S Deena Bank, Palani Branch. A few friends of the brothers are also willing to make investments upto Rs. 5 crores in the oil drilling venture. The foreign collaborators want a minimum of 15 % equity participation.

The project cost of the oil drilling venture is assessed at Rs. 60 crores. This amount is to be raised by equity and term loan. The IDBI is prepared to provide the loan on the condition that the Debt-Equity ratio does not exceed 2:1.

The brothers seek your opinion. Give a detailed legal opinion, explaining the legal provisions and modus operandi for the same. It must be specifically explained how your advice when implemented would ensure that the brothers together can always retain control over the management of the new company.

riven