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Anonymous   12 May 2011 at 21:28

Can this be considered as deliberate Violation of SARFAESI LAWs ?

Summary -:

1.The Non Banking Financial Company(NBFC/HFC) invoked SARFAESI_Clause13(2) on "DATE1" and issued notice (LOAN CLOSURE).
2.Borrower received the scanned copy (as out of the address) of SARFAESI_Clause13(2) in e-mail BY "DATE2" and replied in mail.
3.Borrower objected by paying 80000/- on "DATE3" under section 13(3A) and NBFC surprsingly accepted against total demand(LOAN CLOSURE) and never replied.
4.Borrower never received notice under SARFAESI_Clause13(4) .
5.NBFC declared the borrower as "EX-PARTY" (Behind the Back) and obtained the Court Order possession and Sell by "DATE4".
6.Collected all the EMI "AS PER WISH" ON "DATE5" and issued a notice dated DATE6 as "SARFAESI is in Hold".
7.Again issued a notice under SARFAESI_Clause13(4) almost 8months after "DATE7".
8.Again sent the LOAN CLOSURE notice "DATE7" demanding the entire loan amount.

Question -:

1.Can Non Banking Financial Company , legally issue 13(4) multiple time without issuing NEW SARFAESI_Clause13(2) notice ?

2.Can the Non Banking Financial Company say "SARFAESI is in hold" "AS PER WISH" ?

Anonymous   12 May 2011 at 21:02

What is the majority of shareholder?

I am a director and 95% shareholder. There is one more director, he has 5 % shareholder also. If he refuse something for company's management,Can not I proseed it?

I have a majority of Share number .
But half majority of person number.

Can I sell my share to other without his sign, agreement?


Anonymous   12 May 2011 at 19:10

Can director invest to company without interest?

I'm a director, and 95% shareholder.
Can I lend company my personal money as unsecured loan without board of resolution?
It is not with interest, I don't get any proffit from comapny.
I invest money for runnning company when capital is less.
Is it wrong?

Money come from my foreign saving account to my Indian saving account, and I transfer from Indian saving account to current account. In this situation, Do I have to inform to RBI?


Anonymous   12 May 2011 at 11:15

Can comapny Stop salary if one direcor is not ready to work more than 5 years.

There are 2 directors in company. One director was not ready to work more than 5 years.

If I will have a board meeting about it , I can not take majority, because we are 2 directors.
He refuse to appoint one more director.

Kindly tell me what can I do in this condition. I have 95% share, and he has 5 % share. there are only 2 shareholder in company.

oyayubihime   12 May 2011 at 10:49

What is Majority of shareholder?

I am a director and 95% shareholder. There is one more director, he has 5 % shareholder also. If he refuse something for company's management,Can not I proseed it?

I have a majority of Share number .
But half majority of person number.

Can I sell my share to other without his sign, agreement?

Anonymous   11 May 2011 at 22:42

To let permission

If company give rent factory without lend permission by goverment,What will be company's risk?

Anonymous   11 May 2011 at 20:11

Can director invest personal money for company without board resolution?

I'm a director, and 95% shareholder.
Can I lend company my personal money as unsecured loan without board of resolution?

Money come from my foreign saving account to my Indian saving account, and I transfer from Indian saving account to current account. In this situation, Do I have to inform to RBI?

Sameer   11 May 2011 at 17:03

can a company sued

dear friends
i am having a ginning factory and i have supplied a big company cotton bales, as per the company policy they use to pay 90% of the payments third day thereby deducting interest,and rest 10% payments in fifteen days early trade was smooth but in the last of this season they blocked my money,kindly guide me to recover from the company.
thanking you!
Sameer ahmed.

Anonymous   10 May 2011 at 22:32

How much is the share value?

There are 2 person are shareholders and directors of the company. One person has 20% share. Total capital of company share is 2 lakh. There are some property assets also in company.
Now he want to sell his share, and take 20% of property value amount in market price after minus exp. Is it his rights or not?

Anonymous   10 May 2011 at 22:31

Selling property without resolution

I am a director and 95% shareholder. There is one more director, he has 5 % shareholder also.
If he refused for selling company's property, Can not I sell property?