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sanjeev kaushik   24 August 2011 at 19:43

Section 58 a

Dear Sir/Madam
I have a Ltd Company.I have approached the Privat lender ( registered Under private money lender act).As per yheir query before disbursement they want a NOC from ROC as our company NOC is lenghty process what is the alternate way out so that I can get my loan disbursed. Private lender is a Proprietoshi frim.

Pl. suggest.

Reagrds
Sanjeev Kaushik

Sathyan Avinash   24 August 2011 at 17:21

Alteration of articles of association

Dear sir,

the following is an extract from the articles of association of a public limited company with share capital less than Rs. 5 crores:

9.The first and permanent directors of the Company are:
a)Mr.X
b)Mr.Y
c)Mr.Z

Mr.X is elected as the managing director and will hold office for a period of 5 years.


Now we have received a request from the company to alter the AOA so as to make the Managing director's appointment valid for one year till the first AGM and make him eligible for re-appointment at the first AGM. In this regard we already know that first directors in the AOA cannot be altered, but we need clarification about the subsequent point's alteration relating to MD's appointment.

A quick and accurate reply would help us a lot .

Anonymous   24 August 2011 at 16:57

Bank loans

I have taken business loan from nationalised bank against my house now my business has gone down.How can I save the house from sarfarasi act, as if bank go to court it will take time and meanwhile I can arrange funds in 2/3 years, under sarferasi act only 90 days are given please help with ways to delay or stop bank from sarfarasi act.
Thanking you all.

Anonymous   23 August 2011 at 20:07

Cheque bounce case

Dear sir,one of my friends has taken loan from me excuting a promissory note in favour of me and given a cheque .when i sent the cheque for collection through my bank it has returned with a memo stating THE ACCOUNT INOPERATIVE /DORMENT.Can i file a case u/s 138 of NI act?Kindly advice me in this regard.

Anonymous   23 August 2011 at 12:38

Specific relief act

What is 'Specific performance' and what is 'Specific Relief' within the meaning of Specific relief Act?

Alok Vashishth   23 August 2011 at 12:04

Liability of resigned director on bouced company cheque

Hi,
My client has resigned as a director and shareholder from a Pvt Ltd company. During his tenure as a director in the company, he was a authorized signatory in the bank accounts of company, along with another director (who was managing director).
During his tenure, he realized that the other director is forging his signature on company cheques and mis-using the company funds for his personal use. My client then filed a compaint in both the bank and requested the bank to freeze the account. Both the accounts are frozen now.
Now, the other director is blackmailing my client that he is under the possession of company cheques (signed by my client), issued to suppliers/ associates. He is threatening that he will collude with the party to whom this cheque has been issued and file a cheque bounce case against my client.
Is my client still liable for the cheque bounce even the bank accounts has been frozen on the ground of misconduct by the managing director.

Thanks,

Sathyan Avinash   23 August 2011 at 11:01

Regarding alteration of articles of association

Dear sir,

the following is an extract from the articles of association of a public limited company with share capital less than Rs. 5 crores:

9.The first and permanent directors of the Company are:
a)Mr.X
b)Mr.Y
c)Mr.Z

Mr.X is elected as the managing director and will hold office for a period of 5 years.


Now we have received a request from the company to alter the AOA so as to make the Managing director's appointment valid for one year till the first AGM and make him eligible for re-appointment at the first AGM. In this regard we already know that first directors in the AOA cannot be altered, but we need clarification about the subsequent point's alteration relating to MD's appointment.

A quick and accurate reply would help us a lot .

Suchitra. S   23 August 2011 at 08:19

Criminal liability of directors of a company

Respected experts, I wanted case laws on criminal liability of directors for the offences committed by them in their tenure while a suit is filed after their retirement. Thanks in advance.

Advocate.Amol Choubal   22 August 2011 at 21:53

Conversion of public limited company into section 25 company

Dear Experts,

We have registered a Public Company Limited by Guarantee under Companies Act,1956.

The Director of the Company wishes to convert the Guarantee Company into Section.25 companies under the Companies Act,1956

Kindly provide solution

Regards
Amol Choubal

Bhawani Mahapatra   22 August 2011 at 19:15

Arbitration & conciliation act

What is the path forward when the parties of an agreement differs from each other for appointment of an Arbitrator ?