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Anonymous   13 December 2011 at 16:24

Death

Dear friends
pls clarrify me regarding the following
The are two directors in a private limited, out f which one died on 06.08.2010. No other director is appointed till date.
My question is whether another director be appointed on same date, (since no. of directors had fallen below statutory limit).
And what are the forms required to be filed with ROC ???
pls frnds reply asap.

Anonymous   13 December 2011 at 13:37

Statutory compliance

ESIC Scheme is applicable to the employees but the company does not make contribution for these employees.The company's management claims that employees are insured by some ICICI insurance policy & thus no need to make ESIC contributions.Is the company violating provisions of the Scheme??

Anonymous   13 December 2011 at 13:34

Charge

Weather Form 8 in respect of Charge creation is required to be filed for guarantee also or only for security?
regards
riya

Anonymous   13 December 2011 at 12:54

Company law

sir,

am the legal manager in a public limited company.one of our sister units went in for amalgamation in 2001.Five tansferee companies got amalgamated with the the tranferee company.tansferor company has a share capital of 1.50 crores and other five companies had a combined share capital of 2.30 crores.total is 3.80.crores.there is an amalgamation order by company court 2001 sanctioning the scheme.Registrar of companies was a party in the company court.Now authorized share capital has been increased to 10 crore.Roc has initiated prosecution for non filing of form 5 for authorized share capital.tha amalgamation order is with them.Board resolution resolution authorising increase has been communicated.from 5 filed by five tranferee companies seperately before merger has been duly filed.can you guide me as to the legal validity of prosecution or is it necessery for us to file seperate form 5 for the transferor company or we will be liable to pay only for 6.20 crore being only the balance of incresed authorised share capital?i want pointed reply..please.

rajasekaran   13 December 2011 at 11:59

Arbitration act 1996

For an application/appeal under 19 of MSMED Act read with section 34 of Arbitration and conciliation Act 1996 pre-deposit of 75% of award is mandated. Are the Courts entitled to condone delay beyond three months and 30 days in filling application with 75% pre-deposit? . If so under which provision of law representation delay/ filling delay is condonable?

rajasekaran

Shripad Joshi   13 December 2011 at 00:37

E-business

Hello I want to start an online business and for the payment gateway I need a current account under my firms name. I have registered as a sole proprietor but the bank need's some proof from the state government or local government for the business. I don't want to register a shop as I do business from my home and I will be moving out of Kolhapur in 5-6 months. Is there any other way I can register business with the state or local government? Thanks!

PS: I don't want to register a company ( LLP, PVT etc) until my business has flourished.

Sanjiv   13 December 2011 at 00:03

Security refund from a company

Sir,
I gave Rs25000/- as security deposit SBSIL and was dealer now I have left dealership of company and want security amount with credit balance to be refunded.
SBSIL on basis of Form "C" demand is not refunding the amount but instead sent the legal notice demanding Rs95000/- with penalty for delay in sending Form "c".
I have sent the Form "C" it is with the company but they are not refunding the security amount claiming that the Sales Tax authorities have charged them this amount.
Am I bound to pay this?
They can claim this in appeal to authority as Form "C" is with them but they haven't done it yet but instead when I request them for security refund they force me for paying Rs95000/- and threaten me of legal notice.
Can I take any legal tep against the company?

Swapnil Bhagwat   12 December 2011 at 12:47

Need help

Respected sir,
My friend has send me one cheque from Africa as gift or help. This cheque amount is $ 300000USD. Can I face any problem in future. When I deposit cheque. Please give any help about that thing.

Anonymous   11 December 2011 at 21:37

Npa

What happens when a company who has taken working capital loan from a nationalised bank against a collateral securities worth 60% of the working capital loan amount, is unable to service tha same? The directors have given their personal guarantee. Can bank also ask for director's wife's property which is in her name and she is not holding any position in the company, neither she is guarantor? What proceduers bank has to follow and how much time they can give us, if company can show reasonableness to pay the same?

Anonymous   11 December 2011 at 16:49

Parties before b.i.f.r.

The company has approached B.I.F.R. as sick industrial company.Is not the union of employees necessary party in the matter as their interests are involved.Can company which is before B.I.F.R. evade payment of wages to workmen under the excuse that it is sick undertaking?