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Anonymous   11 June 2010 at 11:17

FILING OF E-FORM 32

An individual was appointed as Director of a Private Company in 2007. Now w.e.f.2010 he is appointed as Chairman of the Board. Do we need to e-file Form 32 again for appointment as Chairman

Anonymous   11 June 2010 at 09:28

International Trade Law

Hi every one,,,I need u all to guid me to fulfil my wish or a dream,,,i'v done International Trade Law (LLM from London University) in Arbitration, Marine Insurance,,,Carriage of goods,,, Sales of Goods,,Negotiable Instrument Act,,,,I wish to deal with foreign clients n visit abroad wanna earn in Dollars Pounds Euros,,,,,How it cud be done,,,,

Plz dont feel strange m 32 yrs old female n married n gonna b a mum soon n m going thru bad phase of life where i'v t think in dis way to show in-laws n hubby tat i can do smthg n take care of my child in future or i'll loose everythg my hubby n child...

One day i will get seperated if nothing can be done but for the time being avoiding cz i don wanna depend on my parents or anyone else,,,

How I cud use my qualification in a right way so that I wont regret,,,,

M already upset so plz no stupid ans,,,,

thanx those who take seriously :)

prithwish sengupta   10 June 2010 at 18:29

can a trust be a shareholder in a private company???

can a private trust be a shareholderr in private company?? is there in any restriction on being a shareholder of a company??
is there any case law of a private trust become a shareholder of a private company??

prithwish sengupta   10 June 2010 at 18:21

who cam be a shareholder in a private company??

who can be a shareholder in a private company???

Pramod Kumar   10 June 2010 at 14:35

RE: whether qualification shares are necessary for a Directo

Dear Sir,

I put following points for your kind consideration and reply:

1. Whether it is necessary to hold qualification shares by a Director in a company under The Companies Act 1956? If not,

2. whether Articles can be amended to delete such provision, If it is provided by Articles to hold such qualification shares by a Director?

The issue is urgent and I soloicit your kind guidance at the earliest,

with Regards,



PRAMOD KUMAR

shantanu dekhane   10 June 2010 at 08:58

Liability of the director

In recent issue over Citi group Company director Mr Aniruddha Deshpande has taken part in IPL Bid of Pune team by Using name of his company so whether director can use his co name while acting in Personal Capacity? and What is liablity of the Company in such circumstances, Whether Company is liable to the act of the Director performed in his course of his Personal Capacity?

Bharat Gala   07 June 2010 at 13:09

U/s. 138 of Negotiable Instrument

Dear Sir/s,

I shall be thankful to you to inform me the procedure to file suit u/s. 138 and the period within howmany days I can file a suit in the court of law and amount of the fees to paid.

Anonymous   07 June 2010 at 12:09

Legal structure for pooling investment

Hi - we are planning to get funds from Friends and Colleagues - both in India and abroad to invest in Indian Equities - both private and listed. We are targeting Rs. 25 Cr. to start with, under multiple schemes - differing on investment as well as profit distribution objectives.

We would be seeking legal help to put this structure in place, but would like to develop initial understanding to engage the right professional help.

Our plan was to get these Funds in multiple trusts (one for each scheme) and manage them through an Investment Company (NBFC - with the objective of investment management). However, it looks like we would then fall under Collective Investment Scheme. The compliance and set up charges associated with an CIS would make the whole plan unviable for a 25 Cr. Corpus. Is there a better way to go about it? Should we set up multiple Investment Companies (instead of Trusts that is being managed by a CIMS) and do not fall under the purview of SEBI CIS act?

Anonymous   06 June 2010 at 17:36

ESOP

Can anyone please share with me a draft format of ESOP scheme for a private limited company into consultancy business. Thanks

Anonymous   05 June 2010 at 17:52

Return of Shares with no tax liability


1. The Private Company was incorporated in beginning 2007
2. The Paid up Capital of Rs.1 lac (10000 shares of Rs.10/- each) was divided as follows:

1. Mr.P 99.90%
2. Mr.Q .1%
3. Mr.P, Q, R and S were the directors of the Company. Mr.P had entered into a shareholder agreement (SHA) with R and separate agreement with S to form this new Company, whereby Mr.P was to transfer 10% of shares each to R and S respectively. The same was done in year 2008 at face value. The SHA however, does not form part of the articles and is being informally agreed between the parties.
Revised Shareholding pattern in 2008 (Post above transfer) is as follows:
1. Mr.P 79.90%
2. Mr.Q .1%
3. Mr.R 10%
4. Mr.S 10%
4. Now, there was a deadlock in management as Mr.S could not bring in desired business and there was non-performance. Mr.S has resigned in end 2009 at his will and has also returned the shares at nil consideration and wants to move on. The same has been mutually agreed to between Mr.P, Mr.R and Mr.S.
5. The Book Value of the Company is very high in view of accumulated profits. Mr.R wants to just return the shares without any consideration and move on.
6. The Company has further done private placement in March 2010 for 40,000 shares to a Company which subsequent to this becomes its holding Company (80%). The Total Paid up Capital now is Rs. 5 lac.

Query :

1. Company Law : How can he return the shares to the Company so that it does not hit section 77 (Purchase of own shares by a company) and Section 100 (Reduction of Capital) of the Companies Act, 1956.
2. Tax : Please enlighten on the tax implications u/s 56 or any other section. We do not want any tax implication in the hands of the recipient.