Hetalkumar
21 March 2012 at 11:22
Whether Co-operative Banks are well within the purview of Bank as defined under BR Act ? Whether Co-operative bank can exercise their rights as secured creditor to enforce security without adopting measures of court and exercising their rights under Securitization & Reconstruction of Financial Institution and Enforcement of Security Interest Act, 2002 (in short SARFAESI Act) ? Is there any authority / settled law in above regard ? please guide.
mehul
21 March 2012 at 05:41
In established company, proprietor of the company is offering partnership, then kindly advise what is the processor.
mehul
20 March 2012 at 09:53
Is letter of credit is the safest way to export, in this supplier get guarantee that he will get payment from buyer, what precaution should be taken. Kindly advise.
Ameya Bodas
20 March 2012 at 09:44
Hello,
A term "Negligence" was defied under Agreement with ONGC/Reliance for oil exploration in Indian Waters.
In case of dispute between the parties term "Negligence" defined under contract will prevail or the term "negligence" defined/used under vairous laws will prevail.
Its very urgent matter.
sujay wayse
18 March 2012 at 12:17
dear sir,
i'm a small bussiness owner employing around 20 people. we are suppliers of special purpose engineering machines and jobs to companies like tata motors and their prime suppliers. we are getting notices and sms on mobiles with police prosecution threats for the non filing of mvat returns and payments.
after going thru the records we have found that in all the cases we have made the payments and we are not the defaulters.inspaite of that we getting this notices as if we are criminals.i want to file a suit against sales tax department for these notices. please guide me if this is possible.
with best regards
diganta
17 March 2012 at 20:13
I want to establish a law farm by virtue of a partnership Deed. My query is it mandatory for a law farm that all partners should be an advocate?
If one of them is an advocate then can it be treated as law farm?
Kindly forward me a draft copy of a partnership Deed to establish a law farm.
RAJESH CHOUDHARY
17 March 2012 at 18:48
Dear All,
Please give your opinion for below given Quary--
1) ABC Limited is a listed Company.
XYZ Private Limited is a Promoter of "ABC Limited"
XYZ Private Limited wants to transfer its shares by way of gift or sale to Mr. P & Mrs. P who are the Director of XYZ Private Limited & also the promoter of ABC Limited. (Please note Mr. P is holding shares in ABC limited under the Promoter Category. However Mrs. P is not having any shares in ABC Limited but since Mrs. P is a wife of Mr. P she will fall under Promoter Group)
In case of ABC Limited:
This transaction will fall under inter se promoter transfer since both XYZ Pvt. Ltd & Mr. P both are the Promoters of the Company. Hence SAST Rugulation will come into the picture.
In Case of XYZ private Limited-
Can XYZ pvt. ltd can transfer its investment (i.e. shares held by it in ABC Limited) by way of sale/gift to its Directors Mr. P & Mrs. P.
What could be the procedural Formalities for such kind of transactions from the point of view of both the Companies.
Pleae suggest.
Thanks & Regards
RAJESH CHOUDHARY
17 March 2012 at 18:44
Dear All,
Please help me to solve the following query:
Company A Pvt Limited, which is the promoter & Share holder of Company of H Pvt Limited. While incorporating H Pvt Limited as 100% subsidiary .A Pvt Limited had made Mr.X as the nominee share holder, who holds 1 equity share on behalf of the A Pvt Limited as minimum Two subscribers are required for incorporating Private Limited Company.
Now A Pvt Limited wants to sell all i.e. 100% shares in H Pvt Limited Company to V Pvt Limited Company and to AD Private Limited Company in ration of 1:1, my query is whether Section 187C will be attracted when Mr.X will transfer 1 Equity Share to V Private Limited Company, as MrX. is just an nominee share holder and A Pvt Limited Company has beneficial powers.
As per section 187(c) Whenever there is a change in the beneficial interest in such shares the beneficial owner shall, within thirty days from the date of such change, make a declaration to the company in such form and containing such particulars as may be prescribed.
In the above mentioned case nominee holder ( Mr.X) is selling 1 equity share to V Pvt Limited, beneficial share holder of this 1 equity is with A Pvt Limited Company . So now is Nominee Share holder (Mr.X) , Beneficial share holder (A Pvt Limited) is liable to give declaration under Section 187c and further is H Pvt Limited liable to File Form 22B with ROC.
Please note that share will be sold to V Pvt Limited and V Pvt Limited is not going to nominate any nominee share holder, it will purchase share in its own name.
Please reply.
shaik. Muneer Basha
17 March 2012 at 14:01
a manufacturing firm of hyderabad in the process of obtaining a Mortgage loan from a peoples co-coperative bank in maharashtra, for the purpose of mortage the Firm keeping its assettes situated in hyderabad and maharashtra as loan amount is 2crs,
All the requisites are fulfilled, now the co operative bank insisting to have its name on the Encubrance Certificate related to the property in hyderabad
how we can get bank's name on the Encumbrance Certificate as the bank is not the ownwr of the property/?
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