Pooja
01 May 2016 at 18:57
Please any one can provide me a proper format of Business transfer agreement for intangible assets like goodwill.
details of the agreement.
"A"one company running a classes in which they take only exams for the ssc and hsc but now is transferring there examination pattern and rights to conduct exams to another company.
please its urgent
Shivam goel
01 May 2016 at 01:57
Sir my client is working director in pvt ltd company. He has no shareholding. The company has dues towards PSPCL. Is he liable to pay these dues. Can he be denied new connection in his new firm due to liability of company he is working director in?
Kumud Prasad
29 April 2016 at 13:22
Dear Members,
How will i get to know the merger status of one of the company?
By putting party name i am not able to found the Company?
Rahul Lahiri
28 April 2016 at 13:22
1. Mr X was appointed as Wholetime Director of a Company for a period of 3 years in terms of the applicable provisions of the Companies Act, 2013. His agreement with the company was executed on 01/07/2014 which was valid till 30/06/2017.
2. As per the company’s policy, a person can be in fulltime employment of the company till he attains the age of 58 years. On 28/06/2016, Mr X would be attaining the age of 58 years which entails him to vacate his office. But the he company considering his vast expertise in the concerned industry, wishes to extend his services for a further term of 3 years i.e from 29/06/2016 to 28/06/2019 (his age will be 61 years then) with a new designation as Managing Director of the Company.
3. Now if Mr X will be holding the position as Managing Director of the company on remuneration.
4. He is further proposed to act as Managing Director in another associate company, wherein he will be getting remuneration.
Now our query is as below:
Query 1. Had Mr X continued to be the Wholetime Director of the Company, he would have been eligible for PF, Gratuity, leave encashment and other benefits as applicable to the general employees of the company. But in case his extension of service is not made as an employee but a contractual retainer - will it restrict him from getting the benefits of employment viz. PF, Gratuity, leave encashment and other benefits as applicable to the general employees of the company? As we understand, PF he can continue even after 58 years, but not the pension fund.
Query 2. As per the definition of Wholetime Director in the Companies Act 2013 – a Wholetime Director shall include a director who is in whole time employment of the company. Now if Mr X continues to be in fulltime employment of the company as a Managing Director- he may be deemed to be the Wholetime Director of the company. Again, if he wishes to be a Managing Director in another associate company, on remuneration- whether there is any legal impediment restricting him from doing so? As the companies act clearly mentions that a person cannot be a wholetime director in more than one company. It is mention worthy here that a person can hold the position of Managing Director in two companies.
Plz give your expert Legal views.
Dinesh Tayal
27 April 2016 at 22:17
Dear Sir
i want to ask about a scheme in which we collect some amount like 500-1000 online and we organize a lucky draw on specific date. all winners got some prizes of higer amount like 5000-10000 per winner and another peoples we paid money back afer some time.
kindly guide this is legal or not and which authority i need to registration.
Dinesh Tayal
Delhi
anil kumr
26 April 2016 at 16:49
Can anyone explains the exact meaning of F.O.R Destination price basis. Under this term who bear the freight charges? If it by the purchaser, can it be paid after receipt of material at the destination ? Or the buyer is supposed to pay it prior to dispatch?
Kindly advise appropriately.
Tom
25 April 2016 at 19:09
We have been given an arbitration award against an Unlisted PLC.Do we inform the MCA about this civil decree against the company,so that the Company does not do any manipulation ?
Secondly how do we ascertain the asset details of the Company so that we can file an execution petition in Court against the company ? The Company has not been filing any returns etc to MCA since inception in 2012 !
Bharati Agarwal
25 April 2016 at 16:22
There was a Share Depository A/c in the name of Sunil Kumar Agarwal HUF in which Mr Sunil Kumar(Husband) was Karta and myself Bharati Aharwal(wife) and Sony and Lovely(Two Major Unmarried Daughters) were coparcenors/members.Mr.Sunil Kumar(Husband-Karta) demised without any will. We have re-constituted the HUF with myself Bharati(Surviing eldest female & wife) as Karta and my two daughters as members.The depository service says to open a new Depository account in my name as karta and to provide either,(01) succession certificate(02) Registered Partition Deed or(03) Registered Family Settlement Deed for transmission of shares held in earlier account to new account.
We have decided to formulate a Family settlement Deed in which the earlier HUF shall remain active/alive with re-constitution as above and the 25% share of my husband(the ex-karta)shall devolve in equal proportion among my mother-in-law, myself and my two daughter.My mother in law has agreed to relinquish/throw her right over 1/4th of 25% share of her son to the newly constituted HUF and also myself and my two daughters shall also keep their 1/4th share of 25% of m husband into the newly constituted HUF, thereby the newly re-constituted HUF shall remain owner of entire share holding of earlier HUF with myself as karta and my two daughters as members/coparcenors. As a substantial amount is to be spent on Stamp duty towards registration, I seek your expert advise that the arrangement so proposed by us mutually to be converted into a Registerd Family settlement shall hold good for the purpose and the Depository service would /should have no problem to accept it. Actually the Depository service is very shaky and is not able to reply in clear terms for the ways and means and is dealing very whimsically which has cast a doubt among us whether the proposed settlement shall hold good in law and shall be enforceable?
Kindly throw light over the subject as your opinions earlier has proven as challenging to authorities and binding on them.
Please help....
Stephen Suryawanshi
25 April 2016 at 14:26
Hello,
I was fired by a Ahmedabad based company named Infibeam from my post of Affiliate Marketing Manager
I joined the company on 1st March 2016 and was terminated on 19th April 2016.
The reason that they gave me that the company doesn't have any role or have plans for my job designation and hence they fired me.
The asked me to drop a resignation email which I did or else they were gonna terminate me.
I also read my appointment letter where it says that upon termination by an employer the company is liable to give me 15 days notice and if a employee leaves the company, the employee has to give 2 months of notice.
I feel there is something legally can be done against this so that I can get more compensation from the company and feel something is not right
Please help here
Best regards,
Stephen. S
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