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Sathyan Avinash   12 September 2012 at 15:46

Legal heir in case of deceased shareholder

Dear Experts,

Kindly advice me upon the following case:

Mr. A holds 50,000 equity shares in a Private Limited Company.

He has not made use of any nomination facility.

He is a Bachelor and his parents ceased long ago.

Now suddenly Mr. A deceased and my query is to whom his shares would be transmitted?

He has only a married sister.

Please clarify me on the status of his shares.

To whom these shares shall vest?

Whether the married sister can claim succession to his shares ?

Thank you in advance.

Asha   11 September 2012 at 11:45

Comp law



Hi Friends, I have filled form 1A and got the name approval,but now I found that a letter is missing from the company name. So how can we change the name? Is there any other way to rectify this error inspite of- Filling of new form 1A & Change the name after incorporation.

minsal   10 September 2012 at 23:25

Revoke from the status as guarantor

Sir,

one of my client's relative was in need of money and he applied for bank loan. In the loan application, my client without any knowledge of risk and also in good faith has signed as a guarantor. now he came to know that his said relative is not regular in repayment of installment and someone told my client that if the said fellow fail to pay the loan amount then the banker will recover the said amount from you.

My client then approached his relative and told him to arrange some other person as guarantor and replace his name as guarantor from the said loan. in reply his relative said that it is not possible as there is no such provision under the law to change the guarantor and the banker will also not consider his request of changing the guarantor.

my query is that ......

(1)a person who availed a loan facility can apply for change the guarantor?

(2)can the banker refused to change or replace the guarantor?

Thanks in advance.

Asha   10 September 2012 at 20:21

Lok sabha

Press Information Bureau Government of India Ministry of Corporate Affairs 06-September-2012 17:08 IST Violation of Accounting Principles The Government is aware that violation of accounting principles and financial irregularities are being carried out by various companies and their audit firms. During the last three years, 316 companies and 73 audit firms were found guilty of violation of accounting principles and other financial irregularities for non-compliance of disclosure norms. Prosecutions have been filed against such companies and audit firms, under section 211 and section 227 read with section 233 respectively of the Companies Act, 1956 for such violations. This information was given by Minister of State for Corporate Affairs Shri R.P.N. Singh in reply to a written question in the Lok Sabha today.

Surendra   10 September 2012 at 12:56

Dividend

Fact:
A ltd has declared dividend of Rs. 1 on each equity share at AGM (26th July, 2012). Co has not paid dividend amount to its shareholders till now (i.e. 10th September, 2012) nor paid dividend distribution tax for said dividend.

Query:
1. Will company require filing form 5 INV with MCA.

Debasis Ghosal   09 September 2012 at 14:09

Loan take over- confidention opinion of bank

Dear Sir,
Can any one help me in providing any circular relating to the time limit of the bank to send confidential report of customers to the other bank who is intending to take over the facilities.

Member (Account Deleted)   08 September 2012 at 14:03

Formation of a company

If a new Pvt. Ltd. Company is to be formed for manufacturing purpose,will it be necessary to fill the column for category and sub-category in form 1A?If so, how it is to be filled up?

Rao.T.N   08 September 2012 at 11:22

Meaning and implication

Dear Sir

what is the meaning of "without limiting the generality of the foregoing" and how far this word is leaglly valid ?

with thanks

Rao.T.N

syed niaz ahmed shah   08 September 2012 at 07:55

Property shown on balance sheet

there is no agreement or any transfer of property to the firm , but ppropety shown in income tax returns nad balance sheet. the property purchased before the partnership was ever born in the name of three persons who are now partners of 2 more.
on dissolution the other partners are claiming it to be partnership property.
No credit has been given to the partners whose name is on the property in their capital or profit accrued.
The partners whose name exists on property are not agreeing to the property being partnership property.
No transfer of property has been done to the firm.
No value has been given to the partners.
it has been shown in fixed assets in balance sheet and not in capital a/c.
i need to know whether the property becomes partnership property. what are the safe guards the property owners have to take to protect their property from becoming partnership property.