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Anonymous   07 April 2011 at 15:31

Winding Up


One of our client is going for winding up of the company. It is voluntary winding up by the members. Major problem is there are 5 directors of which 3 are foreign national and 2 are Indian National in the company. But at the time of filing DIN 2 & 3 by the Company it has filed only for 4 directors. The one director left with out any DIN is Indian National having no DIN 1 up to now and at present he is settled in foreign country a year back. He is not co operating for filing DIN 1 in his name. Can we mention that the office of the so called director has been vacant under section 283 of the companies act for not attending 3 boar meetings. If so there is any requirement of filing any document with ROC for such vacation Or there are any alternative methods. If so please suggest the same at the earliest along with the checklist for complying with requirements of ROC for winding up of the company.

The company was formed in the Year 2002.

Is the any simplified exit scheme (SES) for the Year 2010 if so pls intimate.

Pls resolve the query at the earliest.

Anonymous   07 April 2011 at 15:19

LIABILITY OF RESIGNED COMMITEE IN DISPUTED AMT


Rs. 10000/- COULD NOT BE RECOVERED BY PREVIOUS COMMITEE UNDER FOLLOWING CONDITIONS:
1. EGM HAD SANCTIONED Rs. 80000/- TO BUILD OFFICE. CHEQUE OF Rs. 40000/- WAS ISSUED TO CONTACTOR ACCPTED BY EGM.
2. WORK STRATED BUT COULD NOT BE COMPLETED BUT HAD TO STOPPED DUE TO POLICE COMPLAIN BY NEBOURING SOC.
3. WORK COMPLETED WAS ESTIMATED BY COMMITEE TO Rs. 30000/- HENCE CONTRACTOR WAS ASKED TO REFUND Rs. 10000/- BUT CONTRACTOR REFUSED TO OUR ESTIMATE HENCE HE GAVE BILL OF Rs. 40000/- & REFUSED TO REFUND.
4. MENWHILE COMMITEE HAD TO RESIGNED DUE TO HARRASMENT BY A MEMBER.
5. NEW COMMITEE CULD NOT BE FORMED HENCE ADMINISTRATOR WAS APPONTED.
6. NOW NEW COMMITEE IS IN PLACE. Rs. 10000/-
ARE SHOWN DUE FROM CONTRACOR SINCE THE DISPUTED YEAR 2006 TILL DATE
KINDLY ADVISE COURSE OF ACTION FOR NEW COMITEE.
CAN NEW COMIITEE RECOVER THIS DISPUTED AMOUNT OF Rs. 10000/- FROM PREVIOUS COMITTE MEMBERS AS THEY HAD ON RECORD TAKEN RESPONSIBILITY TO RECOVER THAT AMOUNT FROM CONTRACTOR?

Anonymous   07 April 2011 at 15:12

Licence Agreement

Lease or Leave and Licence agreement, which one is better option to give a residential property to a tenant. Can licence agreement be made in respect of a residential property or it applies on commercial property only. Is regn. of licence agreement compulsory.

Anonymous   07 April 2011 at 15:00

COMPANY LAW AND FEMA

Hello eveyone,

I wanted to know if a foreign company has a wholly owned subsidiary in india and it wants to take a loan overseas from a foreign bank, can in such a situation in lieu of the loan there be a charge created on assets of wholly owned subsidiary in india. Is such an arrangement possible and under what provisions? IF yes, whether FEMA Regulations would be attracted in such a situation? Can a Esoppel Letter be issued by the WOS in India to the Foreign Bank??

Anonymous   07 April 2011 at 14:58

company law


what is the remedy available to preference shareholder In the event of failure on the part of the company to redeem the shares on the date of maturity due to losses incurred by it?

Anonymous   07 April 2011 at 14:42

Intercorporate Loans and Deposits


Dear Sir,
A subsidiary company (Private) wants to take a loan from its holding company(Private) situated abroad, with no common directors. What is the best possible option for the subsidiary company to go ahead for this, also would like to know the provisions applicable to that option and requirements as per the law for the same.

Anonymous   06 April 2011 at 15:59

M.R.P. RULES


OUR TRADE ITEM: DOMESTIC AND INDUSTRAL SEWING MACHINES, SPARE PARTS, NEEDLES ETC
COVERED UNDER H.S.S. 84.52 WE WISH TO KNOW THAT OUR ITEMS COMES UNDER M.R.P. ACT AND IS IT REQUIRE TO PUT M.R.P. STICKER ON PACKED ITEMS. WE ARE DELAER/IMPORTER OF THIS ITEMS.
INDUSTRIAL SEWING MACHINES AND SPARE PARTS ARE USED IN GARMENT INDUSTRY

Anonymous   06 April 2011 at 15:56

Trade Union


I kindly request you to provide me information on Trade Unions in Pune. How long can a Company(new organization) be free from Unions. How can we restrict Unions entering the Company.

Please provide me the Shops and Establishment Act 1948 also.

Thank you in Advance.

Anonymous   06 April 2011 at 15:17

Merger and Acquisition


Respected All,

Kindly tell me what is the Transfer date and what is the effective date for the amalgamation within the meaning of section 391-394 of the Companies Act. Further what would be the right exposure for a in house Corporate Lawyer in such work. I have been entrusted with the work to prepare the scheme, notice to the share holders for general meeting, get the same approved by our learned lawyer, and to represent one company in the general meeting to be held in next month. Is it sufficient exposure for me? And regarding the application for Court order, for exchange ratio of shares etc can i have an entrance into the same being a qualified (non registered with court) Lawyer? Kindly advise.

Anonymous   06 April 2011 at 15:05

Direct Tax Code, 2009


Hello experts

1)When i was reading the direct tax code, 2009 a section say that between the assessee and the ITO, A.O. Or any higher authority will be designated as a civil court . so can i say that the conetmpt of court act, 1971 is applicable if any contempt occurs.

2) as i it also say that between the assessee and the ITO, A.O. Or any higher authority any proceeding will be considered as judicial proceeding so i think that the conempt of court act, 1971. also pls tell me what is the meaning of judicial proceeding.

Thanking u all experts in advance.