deba narayan
(Querist) 18 March 2017
This query is : Resolved
if a company had stuck off due to non filing of necessary document with ROC,.Now there is a land in the ownership of company but the land purchase by one of director on the behalf of company.how can the land being disposed and if not then what is the legal procedure to acquire the land .
DR.VEDULA GOPINATH
(Expert) 19 March 2017
Company is different from the individual shaqreholder and shareholder. In the present case, striking off the name of the company due to non-compliance does not deter the corporate status to the company which is different from individuals.
Thus the assets of the company should be appropriated by due process of law. On a given date assets and liabilities need to the made duly audited. After passing a special resolution the assets can be disposed of cs dr vedula gopinath vgnath@gmail.com
Guest
(Expert) 19 March 2017
Academic query.
dr g balakrishnan
(Expert) 19 March 2017
Company is a legal person, so it does no wrong, so you can't charge the company as some corrupt entity but promoters may be, so ROC doesn't strike the company unless there is a winding up proceedings are there. coy exits till it is wound up .
dr g balakrishnan
(Expert) 19 March 2017
we need to answer academic queries too as we have to share knowledge sir to anyone seeking.
deba narayan
(Querist) 19 March 2017
this is a pvt ltd company,can the land salable or how to deal for future reference with respect to land.
Sri Vijayan.A
(Expert) 19 March 2017
Land owned by the firm/ company can be sold. A special meeting may be held (by partners/ directors) to discuss the sale of land and resolution may be made for sale and to authorise one or more members to deal with the sale. Then you can can sell the property.
Consult a local lawyer regarding this in person. Go with all relevant papers, title deeds of property and also papers for the company.
Ms.Usha Kapoor
(Expert) 20 March 2017
Agree with Mr.vIJayan.
Rajendra K Goyal
(Expert) 21 March 2017
Company can afford legal fees, discuss with local lawyer expert in company matters.
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