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purshotam vyas   14 December 2013 at 11:59

Provision for changing in trustee

Dear all,

our company has formed gratuity trust in 2011 and now company want to change its trustee.

I want to know what procedure for changing trustee as per indian law in force now.
Further trust deed say that

"The Trustees may at any time by a resolution in writing signed by not less than two of them and with consent of employer in writing as also of the insurer where the variation has a bearing on the terms and conditions of the master policy issued by the insurer but not otherwise, alter, vary or amend any of the provisions of this trust deed & rule.
provided further that no such alteration or variation in the ruels, constitution, objects or conditions shall be made without the prior consent of the commissioner of income tax"

As per trust deed i need to pass a resolution but before this we need to take prior consent from income tax department. but after approval of income tax and passing resolution should i require to change trust deed whole or anything else ?

Please assist in this matter with your comment.

Thanks in advance.

Brunda   13 December 2013 at 18:25

Public company accepting loans from individuals and showing them as loans

A public company which is listed accepting loans from individuals who are well known to the directors(Close friends). They are shown under loans. Is it correct to do so? or will sec 58A of the companies act1956 applies to it ? Please explain me in depth.

Thanks

Reetu Dwivedi   13 December 2013 at 17:14

Nominee shareholder

Dear Expert
Our company is a private limited company and has two foreign shareholder, one of our shareholder wants transfer all its shares in our company to other shareholder. If it happens our company will have only one shareholder.
1. Is it permissible for Pvt Ltd Com to have only one shareholder.
2. can we make the company who is transferring all the share to other shareholder a nominee shareholder.

If not , please suggest any other option as per law.

Regards

Tripta Jain   12 December 2013 at 20:51

Sec-269

If a company intends to appoint an individual
other then director of company as MD or WTD,he shall first has to be appointed as Addl. Director. My query arises as to what time CG approval is required (if appointment is not as per Schedule XIII) as per Sec-269, Whether at the time of appointment as Additional Director or at the time of regularization ???
Plzz reply at the earliest

Member (Account Deleted)   12 December 2013 at 16:57

Md/wtd

FOR UNLISTED PUBLIC LIMITED COMPANY WHETHER FORM 23 AND FORM 25C HAS TO BE FILED FOR CHANGE IN DESIGNATION FROM MANAGING DIRECTOR TO WHOLE-TIME DIRECTOR.

Vishwanath   12 December 2013 at 15:50

Incorrect information to suppliers and clients

Sir,

I am working for a company which is into import and trading, they import materials from Germany, USA, China and sell in India.

They are giving wrong information on company website, company value is not even 1 million USD but on company website they say its value is 150 million USD. And say they have more than 300 employee but they don't have more than 35 employees, they also say company is into aviation, oil & gas and many more sectors which is incorrect.

Owner of the company send fake email to supplier many times.

What action can be taken, where and who is the correct person to file a complaint, what is the process.

Thanks in advance.

Regards,
Vishwanath

Praveen   12 December 2013 at 13:36

Licenses required for start of tea business

Any body suggest me that how many licenses required for start of tea business (for packing of own brand)

pushpakrishna   11 December 2013 at 21:01

Wrong sending the amount to third parties.

Dear Experts,
A company has to send some amount to ABC Company through Bank but by mistake sent the amount to ABC Company when the amount asked to ABC the are not replying despite notices and complaint to the concerned police.Bank officials are telling that they are no fault. It is learn t that ABC company is under liquidation. Kindly advice in this regard how to recovery the amount from the ABC Company? Thanq in advance.

Member (Account Deleted)   11 December 2013 at 17:49

Agenda notes

Is it obligatory under the Companies Act to sign the agenda notes placed before the Board Meeting?If unsigned agenda note on a particular item is placd before the meeting and considered by the Board and recorded in the minutes,will it be legally valid?

sujit   11 December 2013 at 09:39

Attestation of power of attorney

i have drafted a power of attorney for adding an authorised signatory in a bank account of a proprietorship concern .i have also got it notorised ,the bank is asking the original document to be submitted ,should i get the xerox copy notorised or simply get the xerox attested.
should i submit the attested xerox copy or submit the original and keep the xerox with me
what is the difference between notorising and attesting the document