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CA Shraddha Vora   07 May 2016 at 11:31

Demerger

A company ABC Ltd wants to demerge with PQR Pvt Ltd its group company by transferring an undertaking along with all its assets and liabilities. ABC Ltd is a Debt listed company and it has issued debentures in past against the undertaking which will be transferred.

Now in this demerger the debentures issued in the name of ABC Ltd will also be transferred to PQR Pvt Ltd, so the question is that how this change will be intimated to ROC as Form PAS-3 (issue of securities) and Form CHG-9 (creation of charge for debentures) is already filed with ROC by ABC Ltd. ABC Ltd cannot redeem the debentures and satisfy the charge due to insufficient fund. So what are the other ways to intimate ROC for the said change other than the filing of High Court order in (Form INC-28).

Ashesh Trivedi   06 May 2016 at 10:36

Gratuity

My Wife is working in Stabicoat Pharma Chem Pvt.Ltd. since 13 years in Ahmedabad. Due to bad condition of this company, they have started new company named Stabicoat Vitamins.

When she was being transferred from old company to new company, she asked for gratuity, but instead of giving the same, they kept her name in old firm.

other Staff members are being transferrred to new company with all benefits like EPF,Gratuity,etc.., but they denie to give same to my Wife.

Note: At the time of joining they did not gave appointment letter to my wife. As they do not give to anyone.

Can my Wife, If claims for Gratuity, can get the same & if we put a case against court, shall we also Claim for EPF? & also can court order her employer to give all benefits to her by transferring her name to new company?

If yes, than let me know quickly. I want to get answer on my email id- ashesh3127@gmail.com, as soon as possible.

Waiting for your reply.

Chetan   06 May 2016 at 10:00

Psychological harassment

Urgent!

Hi, I'm one of the three Directors working at DiagnoGenese Healthcare Pvt. Ltd, Pune and a 33.34% owner of the company. During the formation, we had invested personal money into the company and shown it as a loan to the company from the Directors.First three years went well, and the company stood up got rolling.

In the past one -two years, things have been rough, and I need your help and assistance with the following.

1) My partners have caused huge mental, emotional and psychological torture and harassed me in these past two years. I have whatsapp chat histories and call recordings of them hurling abuses, and also have staff as witness in office. What action can be taken against them with these as proof?


2) I have not signed or seen the audit report and Balance sheet of the last Financial year.Neither has a formal Board meeting been conducted in the last two years. Is it possible to close the accounts and audit report without the consent of the entire Board? (There was no communication for a request for a meeting either)

3) The other two directors have released my salary only in parts, and the pending amount has now come upto 5.4 lacs. I want to recover this amount. How can I go about this?

4) One of the Director has the company cash of over 20 lacs in his custody. If he does not acknowledge that, or denies returning the money, or has not mentioned the same in the Audit report, is he liable for action? If I suspect fraud in the accounts of the company, can I freeze the company Account?

Waiting for your assistance, thank you!

Arunav   05 May 2016 at 15:53

Termination of contract

Background:

Government has awarded a contract to a company for construction of flyovers.

The contract comprised of various part.

In one part it was alleged there the progress was not satisfactory. However in the major part it was the government who failed to provide the land for construction.

Can gov take action of termination of contract which consists of major part where its obligations are not fulfilled and the work suffered ion minor part because of gov delay.
Any supporting judgment

rohan singh   05 May 2016 at 15:39

Nps details

I was working with lic of india and a part of my salary was deducted under defined contribution pension scheme and after 3 years of confirmed employed I have been terminated from my services.now when asking abt nps detais no one is giving me any reply and I havent got any nps details too.am I eligible for the withdrawal of amount which was deducted and if yrs how to get it.

PRASHANT   04 May 2016 at 23:41

registering software company

Dear.
I want to register a software company.
My plan is to provide web development
,software development service
Computer courses , certificate courses, and computer hardware
All type of tenders relates to computer in govt offices.
So please suggest me.

Ankush Kotwal   02 May 2016 at 11:13

Dearness Allowance

If company stops paying Dearness Allowance suddenly. What can we do?

Pooja   01 May 2016 at 18:57

Format of agreement

Please any one can provide me a proper format of Business transfer agreement for intangible assets like goodwill.
details of the agreement.
"A"one company running a classes in which they take only exams for the ssc and hsc but now is transferring there examination pattern and rights to conduct exams to another company.
please its urgent

Shivam goel   01 May 2016 at 01:57

Liability of working director

Sir my client is working director in pvt ltd company. He has no shareholding. The company has dues towards PSPCL. Is he liable to pay these dues. Can he be denied new connection in his new firm due to liability of company he is working director in?

Kumud Prasad   29 April 2016 at 13:22

Merger status

Dear Members,

How will i get to know the merger status of one of the company?


By putting party name i am not able to found the Company?