Anonymous
06 May 2014 at 20:45

Urgent help required for llp issue

Hello Experts,

I have contacted a lot of CAs before posting this query here and they seem to have confused me more so I seek your urgent help here to remove my confusion.

We started an LLP a few months back with four designated partners, two of them were serving as employees at different companies. The company is now restricting their involvement in the LLP. So I want to either remove the partners name from the LLP by resignation or change the designation of designated partners to sleeping partners.
I seek your help is guiding me to which form to file with the MCA for it.


atul jain

pls provide list of applicable sections of companies act 2013 for nov. 2014 attempt.



Anonymous
04 May 2014 at 23:21

Reg. partition of huf property

Respt. Experts, I am in need of your urgent help and advise in a matter of my Family Property Distribution. Please help me out the best way to handle the matter.

(A) BRIEF FACT OF THE CASE ARE AS UNDER:
(i) My father along with his brothers (5) and sisters (4) are the family members. Total (10) out of which one of my uncle since deceased left with his wife and (3) Childrens. Out of which only (1) is major and (2) are minor.

(iii) My grand father and grand mother both being deceased about 11 years back and having some property still in their name in revenue and municipal records. The details of property are as under:
(a) In Grand Father's Name : (1) Resi. House Property & (1) Agricultural Land.
(b) In Grand Mother's name : (1) Resi. House Property.

(iii) Since Grand Father & Grand Mother demise there is no distribution of property and we have not filling any ITR in HUF name.

(iv) Now all the family members wish to distribute above mentioned parental property in a common opinion in following manner:
(a) Most elder son will get Resi. House Property standing in Grand mothers name.

(b) Two other son will get equal share in Resi. House Property Standing in Grand Father name.

(c) Agriculture Land to be sold out and the consideration will be distributed to all family members in equal shares.

(Please note that since we have some other common property which is standing in Individual names of other family members hence not getting share in parental property)


(B) TO EXECUTE THE SAID WE HAVE EXECUTED A POWER OF ATTORNEY (POA) IN MY FAVOUR. In said POA I have taken relinquishment of rights in property by the members in favour of each other.

First we have planned to execute Registered Relinquishment of rights in said property through POA taken by me which will incur 0.5% of Stamp Duty on its execution at Chhattisgarh.

But someone suggest us to execute "family partition deed along with relinquishment of rights" in property as it is good from taxation point of view and very nominal stamp duty charges.

(C) SIR, MY CONCERN/QUERIES IN THE MATTER ARE AS UNDER:
(i) Whether the said parental property will be called as HUF Property?

(ii) Can we make "Deed of HUF Partition cum Relinquishment Rights" in the case singly?

(iii) Since I have taken POA only for relinquishment of Rights in property. Does the same will work in HUF Partition? Since availability of all female members is difficult as live in diff. states after marriage.

(D) PLEASE SUGGEST:
The best course of action to be taken on the matter considering Taxation impact. I read some where that "RELINQUISHMENT OF RIGHTS IN PROPERTY" attracts Capital Gain Tax in IT Act.


Thanking You,


VICKY JAGDISH ASOPA
04 May 2014 at 15:19

Membership

Can a registered partnership firm become members in company, if no then what is the reason behind these


Advocate Prashant Agarwal

Dear all
can i take a bank loan on property which in name of my mother.
can she by POA may authorise me to take bank loan OR is she required to transfer that property in my own name.

please reply early


Johnson Anthonidas
30 April 2014 at 11:08

Sec 164 of companies act 1956

ACN ANY 1 PLS EXPLAIN IN DETAIL APPLICABILITY OF SEC 164 OF COMPANIES ACT 1956



Anonymous
27 April 2014 at 11:38

Law

Dear sir........
please tell me whether the company act 2013 is applicable for nov.14 attempt


ARUN KUMAR MAITRA
25 April 2014 at 12:47

Transfer deed

As per section 56 of Companies Act, 2013 read with rule 11 of Companies (Share Capital and Debentures) Rules, 2014 , the format for share transfer deeds have been changed and now require to be in SH. FORM 4.
Certain transfer deeds duly executed have been received by the company in old format on or after 1.4.2014.
Since the company is receiving the said deeds after the commencement of the Act,will it be necessary for it to advise the transferors/transferees to re-submit the said deeds in new format?


ankit aggarwal
25 April 2014 at 00:42

Ngo registeration

Sir, please give the guidelines on the procedure of NGO Registeration, how it will register & where will be register..


chahat kathpal
23 April 2014 at 11:06

Doubt

1...If after the appointment of proxy member himself attends the meeting...it wud amount to automatic revocation of proxy 2.once the proxy has voted it can't be revoked ....this is wat law says Bt in a case study.. Both member n proxy attend n vote.. Dn whose vote will be valid???






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