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Anonymous   22 November 2009 at 13:04

MOU with a foreign concern for business co-operation in Indi

Dear Firends,

An Indian company plans to enter into a contract(MOU) with a foreign party. Under the MOU, the foreign party will procure order from overseas market and the Indian company will supply the goods to the foreign customers under tenders floated by those customers. Indian party directly bill to those customers and will get payment. Indian party will pay commission to the foreign counterpart.

My query is whether there is any implication of FEMA regulations Under the facts mentioned above or there is any permission required from RBI whether prior or after the entering into MOU.

In my opinon this transaction is within the purview of general permission granted by RBI. Views of the learned members are solicited.

Regards

P.C. Joshi

P.C. Joshi   22 November 2009 at 12:55

recovery of debts

Dear friends,

some of our customers are not paying for one year or more some have crossed three years. Can you pls advise what legal remedy available to us to recover the money is any criminal suit is maintainable.

Regards

P.C. Joshi

Dr. Sharad Garg   21 November 2009 at 23:04

Company Law query-Subscription list

The maximum time for which a company can wait to obtain minimum subscription is 120 days after issue of prospectus. However, a subscription list can at max be kept open for 21 days. What exactly is subscription list? Do we not start entering the names of applicants right from the day we start receiving applications for shares? If subscription list is closed on 21st day, then what is the point in waiting to obtain min subscription until 120th day?

Anonymous   21 November 2009 at 14:48

MLM Growth Business

Dear All

Myself Biplab Kr. Mahanta, a Logistic Manager in a private firm in Guwahati. I want to start a MLM Growth Business with some of my friends for which I need some guidelines as I have not experience for the same.
What are the legal aspects where I have to work so that I don’t have to face any legal issue.

1. Whether to register as a Firm or as a Company?
2. Need a PAN No./TAN no./Service Tax No etc?
3. From which Govt authorities or department I have to approve my growth/income plans?
5. Any expert advice or material which provide the basics for networking channel how it works step by step

regards
Biplab Mahanta
Ph.: 09957565491

Biplab Kumar Mahanta   21 November 2009 at 14:47

MLM Growth Business

Dear All

Myself Biplab Kr. Mahanta, a Logistic Manager in a private firm in Guwahati. I want to start a MLM Growth Business with some of my friends for which I need some guidelines as I have not experience for the same.
What are the legal aspects where I have to work so that I don’t have to face any legal issue.

1. Whether to register as a Firm or as a Company?
2. Need a PAN No./TAN no./Service Tax No etc?
3. From which Govt authorities or department I have to approve my growth/income plans?
5. Any expert advice or material which provide the basics for networking channel how it works step by step

regards
Biplab Mahanta
Ph.: 09957565491

Anonymous   21 November 2009 at 14:17

how to cancel the c&f agency agreement

how to cancel the c&f agency agreement and please provide me draft agreement for that

Anonymous   21 November 2009 at 14:07

how to cancel the c&f agency agreement

how to cancel the c&f agency agreement and please provide me draft agreement for that

Anonymous   21 November 2009 at 14:04

how to cancel the c&f agency agreement

how to cancel the c&f agency agreement and please provide me draft agreement for that

Anonymous   21 November 2009 at 08:59

Sell out Company name

We wish to sell our Pvt. Ltd. company name which is very rare contains the word " INDIAN..." and is 60 years old.

Can I get a good price for that?

If yes, where to contact?

pratik   20 November 2009 at 15:41

Please Reply Now.

63. Criminal liability for misstatements in prospectus
(1) Where a prospectus issued after the commencement of this Act includes any untrue statement, every person who authorised the issue of the prospectus shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to 1[fifty thousand rupees], or with both, unless he proves either that the statement was immaterial or that he had reasonable ground to believe, and did up to the time of the issue of the prospectus believe, that the statement was true.

(2) A person shall not be deemed for the purposes of this section to have authorised the issue of a prospectus by reason only of his having given--
(a) the consent required by section 58 to the inclusion therein of a statement purporting to be made by him as an expert, or

(b) the consent required by 2[***] sub-section (3) of section 60.

Rule 8 (c) of the Compaines (Disqualification of Directors Under Section 274(1)(g)of the Comapines Act, 1956)Rules, 2003.


1.) As Per Rule 8 (c) of the Compaines (Disqualification of Directors Under Section 274(1)(g)of the Comapines Act, 1956)Rules, 2003. The Central Goverment shall take such Steps as may be required to update its web-site to ensure taht name of the person, in whose Disqualification period has experied after 5 years is deleted from the web-site.

It Means that the Disqualification director name should remain in the web-site of the central goverment or MCA or minimum 5 years.

2.) Adjourments Send to ITO OR Any higher Authority above the ITO or the adjourment send to the court to taken the adjourment can be sign by the employee , managing director, director or any unqualified person of the company , firm, properitor concern, aop, boi, co-operative society.

3.)how many Adjourments can be made To the ITO or Any higher Authority OR to the court .


Above Mentioned Queries As Per Which Section, Act, Rule, Order.

As per The Companies act, 1956 Extraordinary General Meeting

1) In Case of approval of any document or documents has to be done by the members of the meeting, the notice must also state that the document would be available for inspection at the registered office of the co during the specified date & time.

So in case of co don’t display the document or documents which was approved than what is the penalty provision or any prosecution. As per which section or in which section it has been mentioned the penalty cause. Please help it out.


As per The Companies act, 1956

The Court on application, may order the holding of a creditor’s meeting. But if the court reject the application than what can we move any competent court or any other kind of provision under the Companies Act, 1956 can court reject the application if yes than on what ground the court can reject and how to rectify the grounds on which the court has reject the application. Please do the needful. Also as per which section the court can reject or act.