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Prashant   27 July 2009 at 15:55

companies act

1.A Ltd was formed in Jan-08 but till today no certificate of commencement of business is obtained.
2.The subscribers to the MOA & AOA are 10 members out of that one is listed ltd company named as X Ltd.
3.X Ltd is subscribed for 99% of A ltd
4. But till today none of them has paid share capital.
Following queries are raised-
1. X Ltd has not paid a single rupee towards the share capital of A Ltd. Still will A Ltd be treated as subsidiary of X Ltd for the year 2007-08 & 2008-09 merely because it is a subscriber to MOA & AOA. Further A Ltd has not yet obtained certificate of commencement of business. So in that event can it receive the share capital, can it open a bank account.
2. Can A Ltd ,subscriber to MOA & AOA refuse to pay share capital to A Ltd if yes then what is the remedy available to A Ltd for getting share capital.Can it receive from any one else.

Thanks in advance

mahesh   27 July 2009 at 13:06

limitation period and when a debt (amout due to chit fund co

What is the limitation period beyond which a chit fund company cannot claim the unpaid subscription amount from a defaulting subscriber. does the law of limitation apply in this case

Vinod Kumar K   26 July 2009 at 15:40

Conversion from Proprietorship to Partnership

Sir, I have proprietorship business having VAT licence, Trade licence etc. for the said business and now due to my financial crisis and to run the business want to invite a partner and forming a partnership business. Please I want guidlines is it possible to transfer VAT licence, Trade licence, etc. relating to my proprietory business to partnership?

Shyam Lal Naik   25 July 2009 at 14:20

Joint Ventures

Joint Ventures can be in Corporate form(when the joint venture is registered as a company) or can be in non-corporate form(by way of a written Momerandum of Understanding)

My question is, whether the 2nd type of joint ventures are essentially in the nature of Partnership. Whether, the provisions of Partnership Act shall apply to such joint ventures, subject however to, the MOU.

Dinesh Malik   24 July 2009 at 10:32

Minor shareholder

In a private limited Company, there are 3 sharholders - A, B and C.

A is adult and B & C are his two minor daughters (under his guardianship). Is is ok?

Whether this fulfils the requirement of minimum two shareholders in a private ltd. company?

P.S.Subbaraman   23 July 2009 at 17:51

Banking

A Banker initiates action under SARFESI and a purchaser takes the property in auction and a symboic possession alone is handed over . My query is whether the purchaser can seek possession without the banker's help ? Does the Act permit the same? Any case laws on the above subject ?

Heaven 2011   23 July 2009 at 10:23

Transfer of Property Act

Dear Sir,

Ours is a real estate Company. While delivering the flats usually the registration cost is borne by the buyers. Is there any provision that the buyer only pay the registration costs and not the developer/seller? What is the consequence of non payment of the registration costs? So far i have searched the Transfer of Propperty Act and the Registration Act, i find no statutory answear in this regard. Then which statute govern this? Kindly advise.

Best regards,

Asish

Heaven 2011   22 July 2009 at 13:54

Companies Act

Dear Sir(s),

I have a question:
1. Companies Act- whether closure of register of members is mandatory for a non listed company which is declaring dividend? I personally have inspected the Section 154 of the Companies Act 1956 where it is no where written that it is mandatory. Kindly advise.

vincent gomez   22 July 2009 at 13:04

change of the name of one Proprietory firm

I am a sole proprietor of one firm (unregistered without any deed of proprietorship) and got a current bank account open in one bank but did not business till date due to some reason. However, due to certain reason I had to register another sole proprietor firm with execution of Proprietorship Deed and got it notarised and then got a current bank account open in another bank I have also got export code no.in the second named firm and making business transcation in the second said bank account. However, I do not want to close my first current bank account but want to change the name of the firm to the name of the second firm (all and everythine to remain the same except the name of the said sole proprietary firm which is without any deed of proprotorship to another sole proprietorship firm with deed of proprietorship made and notarised) and continue with my export business. What is the legalisation formalities to change the name of my former said firm with the bank, do I have to close my said current bank account or the bank will change the name of my said former name of the firm on record while keeping everything the same including cheque book etc. I want to maintain only one sole proprietary firm and all its licenses etc. in one firm only and I wish to have it in the second said firm in question.

Amitesh   21 July 2009 at 22:08

transfer of properitorship firm

sir,
I have a properitorship firm in my name. Due to the nature of business I have Vat, Cst and Tin number taken..

I am also doing a job..salary of 8 lac p.a.

Due to this, i have to pay tax for my salary income and business income..

Inorder to save tax, i would like to transfer my properitorship firm in my wifes name..

do let me know if it is possible ? All sales tax documents and licence are in my name..

is there any other better way of saving tax in my case??

Kindly guide.