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Vishal Kapoor   06 February 2017

Information about validity on memorandum of understanding on plain paper.

I was an agent collecting money from investors for a company. Now the company has committed fraud and its properties have been seized to repay the amount to investors. Meanwhile investors approached me return their money and accordingly I have done the same by entering into memorandum of understanding on plain paper so that I could get my money back after they are refunded by the seizing authority. I wanted to know if this kind of MoU will suffice to get my money back


 5 Replies

G.L.N. Prasad (Retired employee.)     07 February 2017

Strange. Never heard of this MOU.  Company has to pay to their depositors, and if official liquidator is appointed , he must pay the amounts to depositors by way of cheque and you are just agent/employee.

I am not really aware of such MOU, and how that qualifies you in getting back the investor's money into your account, and how the investors remain faithful to you after receiving such amount.

When the validity on clear draft stamped agreement is being challenged, how the MOU protects your money paid in future is doubtful and depends on future events which may happen or may not and this is a hypothetical issue as of now.

Vishal Kapoor   08 February 2017

Those depositors from whom I was collecting moey as a agent can not wait.for long. They are asking me to repay thier amout. No doubt these people will be refunded by SEBI. but it may take more than one year however auction process of the seized property of the company is going on. Some of these investors, I have I paid them propotionate amount owing to moral duty and their distrust about the refund from the auhtority . So Kindly tell me, how can I secure myself and make sure that these people return my money after their refund.? I would be gratefull if you could guide me as soon as possible

G.L.N. Prasad (Retired employee.)     08 February 2017

This is not a simple advice, and involves financial exposure and risk.  Consult an advocate.  As a common man, taking a covering letter accepting the amount, promissory note promising to repay if the company as agent has taken moral responsibility, specifically stating the post dated cheque given in the event of the money refunded in full settlement may appear properly covered .The letter should state 1)That you are the agent.............and believing you ...........has invested....... in the company, the company.......went into liquidation, the proportionate payment may involve time, whereas ...........has urgent necessities   2)Against the depositor's pressure you have agreed to refund the amount invested by..............in......company, with a condition that ............has to repay the amount immediately on receiving from the company liquidator, 3) As a security for the performance..................has issued cheque no...............of ..................Bank dt......................in favour of ......................towards amount received from him on............and promises to honor the commitment on...............irrespective of the company pay the amount or not, and the cheque can be presented on the date of cheque..............in full settlement of amount Rs.... (Rupees ...........................) received from .................................  A demand promissory note dt.............was also executed acknowleding the amount, and with a promise to arrange payment of cheque in full satisfaction of the amount recevied to day on......day of.........month.....................year.

 

Vishal Kapoor   08 February 2017

Thank you so much. it is really helpful for me.

G.L.N. Prasad (Retired employee.)     08 February 2017

Do not hurry, as legal experts may also respond to your post in a day.


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