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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

cs   23 September 2009 at 15:18

annual return

plz tell the time limit for filing revised annual return formriven

Bishwajit   22 September 2009 at 20:45

138 of N.I. act

A endorsee can file a case u/s 138 of N.I. act against the drawer?riven

Himanshu   22 September 2009 at 16:57

What to use stamp paper or letterhead for contract

Please guide me, if I want to enter into contract for marketing or any misc. work then that contract should be executed on stamp paper or it can be executed on letterhead of our company also. For legal purpose what is more useful stamp paper or letterhead for normal contract. please advice.riven

cs   22 September 2009 at 15:15

forfeiture of shares

is there any form to be filed in case of forfeiture by a pvt. company
riven

Saj   21 September 2009 at 21:49

Small Business - Management team

Could you suggest the best management structure for a small IT partnership company ? The no. of employees cannot exceed 15.

Is it legally required, a formal Director board lead by the Chairman/MD and a senior management team managed by CEO ?

What are the legal documents, the company has to prepare to set the management team (MD appointment letter/contract, CEO contract etc... ?

I would really appreciate your time, if you share different thoughts on management structure and its procedure, suitable for small businesses.riven

Mukul Aggarwal   21 September 2009 at 16:11

Agreement enforcebility

in case a party to an agreement files a recovery suit.

what would it effect to the agreement?

whether the same is even than enforceable under law?

What will be status of agreement if party withdraw the recovery suit on its own?riven

Mukul Aggarwal   21 September 2009 at 16:08

138 Negotiable Instrument Act.

A cheque has been bounced due to incomplete signature as the same has been signed by one partner only.

whether in this case partnership firm is liable to be charged u/s. 138 NI Act.riven

Mukul Aggarwal   21 September 2009 at 16:05

Disqualification of Director

Can a convicted person u/s. 138 N I Act or otherwise continue to be director of the company?

Can a convicted person be MD of a company after completion of his sentence?riven

cs   21 September 2009 at 11:12

related to AGM

HOW DO I conduct AGM of my company.
I am in a mess dont know how to start and what to do exactly.
how to present annual report in AGM
i have just qualified CS and this would be my first agm .
so I am little confussed and naervous.
plz help

riven