Setting up of company
solung sonam
(Querist) 29 March 2012
This query is : Resolved
One company is set up in a state with principal shareholders as outsiders. Is it a crime?? kindly suggest how to draft an FIR against person, registring a company with state's name but, no shareholder of the local inhabitants.
A V Vishal
(Expert) 29 March 2012
It is no crime, you cannot file a FIR
sanjeev murthy desai
(Expert) 29 March 2012
We don't have any authority to draft FIR it is police duty when they record a complaint.
solung sonam
(Querist) 29 March 2012
sir, iam giving you an example. some family members have registered a company called Arunachal Pradesh power corporation pvt. limited- the sole purpose is to loot the state's power project. But, all the shreholders are his own family members..no one from local inhabitant. Whats the proper rules and remedies.
Raj Kumar Makkad
(Expert) 30 March 2012
There is no legal ban to include all the members of the promoters in the private limited company.
PARDEEP KUMAR
(Expert) 01 April 2012
The name 'Arunachal Pradesh Power Corporation Private Limited' is deceptive, as if it is a Government company, so ordinarily it cannot be registered under the law. However, if registered as such, file a complaint with the registrar of companies in your state, clearly indicating full details, facts available with you. If there is nothing available except the name, file a simple objection, obtain copies of registration documents/file from the Registrar under RTI Act,2005.
solung sonam
(Querist) 01 April 2012
To Pardeep Kumar Sir, Iam thank you very much for the satisfied response and direction given to me. Sir, i must inform you that this is fraud company meant for defrauding the state and its public; where as, the owner of said company is also found to be indulged in illegal mining as well; which is under investigation by CBI. Its when i search on the google that, i found such company which is never heard by anybody. kindly look at www.appcpl.com to look at the details.
Sir, kindly take little more time to guide how to draft the correct FIR application to let the law book such act of criminal.
With regards!!
Guest
(Expert) 04 April 2012
Dear Solung,
There are always some exceptions in law. Had there been any illegality in registering the name with State's name, the Registrar of Companies, himself, would have raised the objection at the very beginning of the registration process. Of course there is additional fee for registration of such names. You must have seen the names of prominent banks and other companies registered with the names of the different States, like PUNJAB National Bank, ANDHRA Bank, Bank of Maharashtra, which were private banks when registered but nationalised decades later after they crossed the certain turover limit while Indira Gandhi was the Prime Minister. Even you could have heard the name of HIMACHAL Futuristic Ltd., which is not a Government company.
So, better consult the Registrar of Companies of Arunachal Pradesh before making initiative for filing any FIR.
solung sonam
(Querist) 05 April 2012
To respected Dhingra sir, Thank you very much for your valuable suggestions; shall look forward to do the needful keeping in mind, your right words.
In these times, marked by corruption by highest level, it is pertinent for true Indian citizen to look that state/nation's resources are not misuse for personal benefits. To keep check and balance against the illegalities, i am referring to all of you quality lawyers for the best advice.
With regards!!
