LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ravi Chopra   24 October 2019 at 20:12

Power of attorney not accepted by a bank

Hi,
My daughter has given Power of Attorney in my name. She has a FCNR (fixed deposit) in $ at a nationalized bank. She wants me to remit her money in $. Bank told me Power of Attorney is not valid as
1. Money in fixed deposit is in US $ (foreign currency)
2. Place where amount is to be remitted (a place in US) is outside India (foreign again)
So a POA issued in India can not be used for (foreign) purposes.

Bank told me to take my daughter to their bank for cancellation. Other option they gave me 5 page form to be signed and received in hard copy (print out of soft copy signed by her is not acceptable)

Like to know whether a Power of Attorney is not valid for cancelling fixed deposit in bank? And can it be used to sign on behalf of POA issuer to repatriate money held in US $?

Request experts to kindly reply (my son in law thinks i am not co operating as Lawyer while drafting POA said it's valid for executing all transactions)

thanks!

Manoj   22 October 2019 at 19:27

Dematerilisation of shares

Sir, I hold shares in physical form of Chambal Fertilizers and Chemicals ltd. I have sent the certificates a number of times through my depositor i.e. SBICAP Security ltd, but each time returned with remarks Signature Differs. The certificates are being returned by SBICAP, without even sending to the RTA. The share certificate are defaced with their stamp and have refused to cancel it or issue me the NOC. My hard earned money is blocked and losing on dividends also. Please suggest me the recourse available. Regards, M.K., Chaudhary

Anonymous   21 October 2019 at 10:23

Arbitration delayed by claimants intentionally,

I am a respondent and win an arbitration interim award in commercial dispute, but here my doubt petitioner as claimants till date taking liberty as not deposit money as per interim arbitration order and contempt of procedural order from Jan-2019 to April-2019 (till date), fail to file under sec 34 to challenge of interim order passed and taken 90 days shelter for delay in proceedings, fail to file original documents for inspection, not able to file affidavit f evidence, there are multiple advocates replaced and trying to divert of preceding, The dramatic situation and request created for settlement process, which was not comes out any concrete solution, now trying to delayed in cross examine, the reason for not available or able to booked venue, the claimants and his advocate intentionally delayed the arbitration proceeding by taking shelters of various adjournments and diverting our minds set, Ultimately claimants were failed to participate in preceding every time. Now I doubt as if my lawyer is also a part of this along with arbitrator or alone any one of them, can I ask directly to sole arbitrator for this or I have only power to through my lawyer only, if arbitrator is giving liberty to claimant what is the solution for respondent

Anonymous   16 October 2019 at 12:45

Arbitration

What is rate of STAMP DUTY ON ARBITRATION AWARD IN THE STATE OF UTTAR PRADESH?

IS IT PAYABLE BEFORE AWARD IS PRONOUNCED?

Anonymous   09 October 2019 at 16:15

Issue of shares on rights basis by unlisted public company

Dear All,

I hereby request the experts in this forum to guide me on the following:

An unlisted public company has offered to its members for allotment of shares on Rights basis. As per the recent MCA guidelines issued issued under the Rule 9A (2) of The Companies (Prospectus and Allotment of Securities) Third Amendment Rules, 2018, wherein it was expressly stated as - “Every unlisted public company making any offer for issue of any securities or buyback of securities or issue of bonus shares or rights offer shall ensure that before making such offer, entire holding of securities of its promoters, directors, key managerial personnel has been dematerialised in accordance with provisions of the Depositories Act, 1996 and regulations made there under”. However on the date of offer i.e. Record date about 70 out of 169 promoters (viz. about 42%) are yet to complete the Demat process.

On completion of the issue period the company conducted a board meeting and issued the shares on rights basis to all those members who applied for shares in such Rights Issue. Funds collected were transferred to the company's current account from the Escrow account.

Is such allotment valid as per law? What is the recourse we have to take action against the management of the company? One of the investors has filed an official complaint with the ROC however there was no action from the ROC.

rayudua   25 September 2019 at 12:22

Physical share holding

I am allotee in IPOs in1990 and having shares in the form of certificates.
I dont want to sell these shares.
Is it compulsory to hold shares in dematerialised form only?

Anonymous   21 September 2019 at 14:20

Bond money waiver

Hi,

I am cut working as an AM in Wns, and want to leave the company on marriage terms as it is fixed and I want to shift to other place. During my joining I signed a bond of 1yr and 6months but I want to leave few months before my bond ends. I am currently serving my 2months notice period and the hr is not ready to waive off my bond instead they a asking for 50,000 rupees if I want my experience letter.
Can I get my letter without paying the amount and leave the organisation?

Anonymous   21 September 2019 at 07:48

One of my employee have join another job without notice

Hello, one of my employee are working with us as full time (8hours). And he have joined another job without informing us and and continue both full time job at same time. He has not resigned from our company. Can I take any legal action against that employee or not?

Ravi Mitkari   13 September 2019 at 14:54

Setion 8 company

Dear Sir/Madam

I Am CS Executive Level Student I Just Want To Know That Is Section 8 Company Can Accepts Loan From Banks/NBFCs/Other Financial Institutions? If Company Accepts loan From Individual Then Is It Non-Compliance or Defeat Any Any Provision Of Companies Act 2013?

Divin   29 August 2019 at 12:50

Trainee bond

Dear Professionals,

Kindly help me to get a trainee bond for an IT Firm.