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Arjun Jaganathan   22 July 2015 at 13:01

Finance company - lending loans by cash

My client is a registered Public Limited Company dealing in Lending loan & Receiving deposits.

Case:
My client states that he has lent Rs. 30,00,000/- (Rupees Thirty Lakhs only) to one XYZ person as "mortgage loan" by cash. The same is also registered by "Deposit of Title deed" which reflects my company name in the Encumbrance Certificate.

Question:
1. Can a Public Limited company lend loan by cash. If so is there any provision under law.?
2. Is there any limit under which a company is allowed to deal in cash. Is it a general rule that any cash transaction above 20,000/- should be dealt in Cheque/DD..?? or is there any specific Provision.??

s venkata ramana   22 July 2015 at 12:43

Request for best suggestion.

Dear Sir/ Madam.
I S. Venkata Ramana, have completed my LLB from Andhra University . Before LLB I have done MBA in Human Resource and now I was working one Manufacturing industry . Now I would work in government organization and I would to know what the scope of getting the government. Is it is need to work with any Law Forum if so, please Help/suggest me one of the known Law forum for.

V Naga Prasad   21 July 2015 at 15:09

If salary paid above rs.5000/- without affix revenue stamp it is valid or not..?

Respected Sir,

I am V Naga Prasad, doing audit and looking & verifying the payment vouchers of the companies.

Kindly provide your valuable suggestions in the below mentioned points :-

1. Some Employees cash salaries are paid above Rs.5000 without affix the revenue stamp on the voucher, but taken the signature from the employees on the petty cash payment voucher. It is Valid or not...?
2. Is there any option to those employees
can says that "Salary not received from the company" due to lack of the revenue stamp on the voucher...?
3. Can we prove the vouchers and signatures are valid and payment made to the employees are correct or not...?

Kindly advise.

knowledgeminds   21 July 2015 at 13:17

Repayment of deposit under co act 2013

Hi everyone

If in a company's balance sheet as on 31/03/2013 & 31/03/2014 money is reflected under the head Current Liabilities as share application money due for refund.

Neither the company has allotted the shares nor has refunded the money, as per the companies act 2013 it will be categorized as deposits. The company hasn’t filed DPT-4 and hasn’t repaid the same till June 2015.

Kindly let me know the process to comply with Companies act 2013.

Goutam   20 July 2015 at 12:19

Premature of bond

Sir,
I have accepted bond in company's letter head not stamp paper for 2 years but now I decided to resign then employer told pls pay as per bond 50% of CTC. My query is if any valid for legal this bond, company will hold Gratuity or not.

Gaurav Pawar   20 July 2015 at 03:03

Regarding taking land owners as a director in pvt ltd compan

Dear Sir,
I am planning to develop a land in joint venture. There would be residential & Commercial (IT TOWERS) as well which we are going to lease out on long term basis. The ratio would be 40% to land owners & 60% for myself. I have decided to take the land owners in company as director & share holders. In such condition my question is 1) Can we take the land as the company asset,
2) Can I save stamp duty by doing so?
3) how can I have total control as whole & sole of the property to avoid any further litigation or issues in future
4)how can we make our stakes safe from both the sides

Kindly guide me & also suggest the best advice you can. Thanks & Regards

Anonymous   19 July 2015 at 20:52

Rights of director of pvt ltd co

I am a 40% shareholder and director of a family business. My brother and his wife have 40% shares and our sister has 20% shares. We were 3 directors initially. My brother his wife and myself. Now my sister is also a director. He hence we are 4 directors. My brother is MD. As he and my sister are 60% shareholders they are over ruling all my decisions. They want we out and offering me amount as per valuation of the company. But refusing to walk out when the same offer propotionate to their share is offered to me. As MD he does whatever he wants. I asked that 2 signatures on cheques with one signature of mine. I have known that he is putting false bills and taking kick backs from suppliers.
1.Can I have equal power?
2.Can there be 2 mds in the co?
3. Can I insist my signature on all cheques and all decisions?
As nothing is told to me. I had full faith in him and signed all documents. I use to look after sales and quality.
Pl guide me.

Venkat Iyer   18 July 2015 at 10:37

Confusion in interpreting succession certificate

Dear Sir,

Case:Holder 1 expired in 2010
Holder 2 expired in 2011

The Succession Certificate is applied in 2013 & received in 2014 in the name of Holder 1,missing Holder 2 who died year after.Company "A" has requested the legal heir to incorporate the Holder 2's name as the Holder 2 died after Holder 1.Theoritically, the company "A" may be correct in asking for incorporation of the Holder 2 name.

However,inview of the time lag in the court & the procedure being a cumbersome one is it a viable solution to approach the court to incorporate the name.

Alternatively,can the company "A" waive & condone the incorporation of missed names & process the Transmission of Shares based on relevant section or any judgement of any Court.

All other companies have transmitted the shares in the legal heir's name without any impedement.

Pl advice.

Arup Kumar   18 July 2015 at 09:45

Private money lender licence

Dear sir,
Please guide me for obtain Money Lending License in West Bengal . What are the rules and formalities for the same.

Awaiting for response.

With regards

ARUP KUMAR
PURULIA,WEST BENGAL, INDIA
MOBILE: 8798116412

Neeraj   17 July 2015 at 15:49

I want to open proprietary concern

Dear Sir, I want to open proprietry cocnern. just guide me what legal documents required.

Is any registration to Govt is required.
How can i open CD account in bank in the name of the cocnern.

Can i open cocnern from residentail address.