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Anonymous   09 October 2019 at 16:15

Issue of shares on rights basis by unlisted public company

Dear All,

I hereby request the experts in this forum to guide me on the following:

An unlisted public company has offered to its members for allotment of shares on Rights basis. As per the recent MCA guidelines issued issued under the Rule 9A (2) of The Companies (Prospectus and Allotment of Securities) Third Amendment Rules, 2018, wherein it was expressly stated as - “Every unlisted public company making any offer for issue of any securities or buyback of securities or issue of bonus shares or rights offer shall ensure that before making such offer, entire holding of securities of its promoters, directors, key managerial personnel has been dematerialised in accordance with provisions of the Depositories Act, 1996 and regulations made there under”. However on the date of offer i.e. Record date about 70 out of 169 promoters (viz. about 42%) are yet to complete the Demat process.

On completion of the issue period the company conducted a board meeting and issued the shares on rights basis to all those members who applied for shares in such Rights Issue. Funds collected were transferred to the company's current account from the Escrow account.

Is such allotment valid as per law? What is the recourse we have to take action against the management of the company? One of the investors has filed an official complaint with the ROC however there was no action from the ROC.

rayudua   25 September 2019 at 12:22

Physical share holding

I am allotee in IPOs in1990 and having shares in the form of certificates.
I dont want to sell these shares.
Is it compulsory to hold shares in dematerialised form only?

Anonymous   21 September 2019 at 14:20

Bond money waiver

Hi,

I am cut working as an AM in Wns, and want to leave the company on marriage terms as it is fixed and I want to shift to other place. During my joining I signed a bond of 1yr and 6months but I want to leave few months before my bond ends. I am currently serving my 2months notice period and the hr is not ready to waive off my bond instead they a asking for 50,000 rupees if I want my experience letter.
Can I get my letter without paying the amount and leave the organisation?

Anonymous   21 September 2019 at 07:48

One of my employee have join another job without notice

Hello, one of my employee are working with us as full time (8hours). And he have joined another job without informing us and and continue both full time job at same time. He has not resigned from our company. Can I take any legal action against that employee or not?

Ravi Mitkari   13 September 2019 at 14:54

Setion 8 company

Dear Sir/Madam

I Am CS Executive Level Student I Just Want To Know That Is Section 8 Company Can Accepts Loan From Banks/NBFCs/Other Financial Institutions? If Company Accepts loan From Individual Then Is It Non-Compliance or Defeat Any Any Provision Of Companies Act 2013?

Divin   29 August 2019 at 12:50

Trainee bond

Dear Professionals,

Kindly help me to get a trainee bond for an IT Firm.

LAWYER ASSOCIATES   22 August 2019 at 21:42

Proof of delivery of notice of egm is required to be kept

Proof of delivery of notice of egm is required to be kept by company

LAWYER ASSOCIATES   20 August 2019 at 16:23

Proof of delivery of notice of agm

1. Whether proof of delivery of notice of agm is required to be kept?
2. What is the proof of delivery of notice sent via courier?
3. If courier does not come back, is this a sufficient proof of delivery to recepient?
4. Whether denial of notice of agm served by hand shall be treated as notice served? Director after reading notice of agm returned and denied to receive it.

Rohitash Kumar Arya   19 August 2019 at 17:03

Stamp duty in U.P under section 391 and 394

Whether stamp duty is payable in uttar pradesh on immovable property when subsidiary companies gets merged into parent company by transfer of 99.04%shares in 2013

Anonymous   12 August 2019 at 12:42

Lien marked by bank due to recall request of intl wire trf

My company is involved in consulting foreign companies on entry to India. Recently, we charged a company from New Zealand USD 1000 for our services. The transaction was confirmed through an agreement and invoice. As per the agreement, amount paid is non-refundable under any circumstances. The New Zealand company has signed the same.�


Secondly, the services to be delivered had a lead time of 3-4 weeka as already informed to our client.�


They remitted the payment on 2nd Aug, it arrived in our account on 5th July. The amount got credited in our bank account.�


On 7th Aug, I noticed that my account balance reduced and on investigating, I found that the USD 1000 amount was marked "lien". .


1) The bank marked the amount lien without any consultation with me, did not even inform me that they are marking lien.�


2) As per the bank, they received a "recall request" from the foreign bank based on which they marked lien. As per my bank, they say that foreign bank claims that this is a fraudulant trabsacrion and wants to recall the funds.�


As I said, I have the following:�


1) Signed contract from our client (remitter of the funds)�

2)Invoice that we issued.�

3) Lead time for service delivery is 3-4 weeks, while recall came in just 2 days of funds receipr.�


Just for your info., we are banking with the same bank / branch for 5 yrs and receive international transfers very regularly and have never had any troubles.�


My main questions are:�


1) Does the bank reserve the right to mark lien without consultation / consent from me?�


2) Even if they mark lien, isn't the bank supposed to atleast inform me?�


3) Shouldn't the bank have waited for any firm proof of "fraud" transaction as claimed by the foreign bank?�


The reason for recall request seems ro be that remitter got nervous and wanted to call off the transaction.��


I had a word with the remitter on 9th Aug and they said that this must be an error or some security measure by their bank.�


They have written to me on email that they have no objection to the transaction.�


My bankers say that they'll remove the lien after the foreign bank replies and asks them to remove the same.�


What is your opinion on this situation?�