Khushboo Maheshwari
This Query has 1 replies

This Query has 1 replies

"P" owns a proprietorship concern XYZ from past many years and is doing his business. Now he enters into partnership agreement with "S" and they form a partnership firm with same name XYZ in February 2017. P states that he has transferred all his assets and liabilities to the firm but that is not documented in the partnership agreement. Further the partnership agreement is not registered also. P and S hold 50:50 share in the partnership firm. The queries are as following:

1. Can a proprietorship and partnership have same name XYZ?

2. What are the consequences of non registration of partnership firm?

3. Although P says he has transferred his assets and liabilities but since they are not documented can we consider this deed valid?

4. Does transferring all assets and liabilities of proprietorship concern in partnership means dissolution of the Proprietorship concern (i.e. it cease to exist)??

5. Will the turnover of Proprietorship after its transfer / dissolution be treated as turnover of partnership from February 2017 legally?


shivani
This Query has 1 replies

This Query has 1 replies

11 April 2017 at 20:26

Negotiable instruments act

respected sir/mam,

i couldnt understand the phrase: a note payable to the maker is not a promissorynote unless it is endorsed by the maker.

can u please help me?


Guest
This Query has 1 replies

This Query has 1 replies

10 April 2017 at 10:34

Forming a company to take over a firm

We have a partnership firm and the partners have decided to convert it to a Private Limited for expansion of business. Since there are only three partners it could not be converted, as 7 partners are required for conversion.

Now here are my doubts.
1. Can a private limited be formed by the existing three partners to take over the existing firm? Any case laws to support such decisions?
2. Will Capital gain arise out of such transfer?

It will be great if someone can throw a light on these matters.



Anonymous
This Query has 2 replies

This Query has 2 replies

sir as a local body we invite tenders for various development works in the city. and work is allotted to contractors they perform their function and engage temporary labour for construction, i want to know that as a principal employer (not having any direct relation with labour) are we liable to deduct EPF or to contribute for the same.. our contractor have EPF no on their name..plz suggest



Anonymous
This Query has 1 replies

This Query has 1 replies

04 April 2017 at 15:06

Gratuity applicable ?

Dear expert, I am working with a indian private limited company since november 2008. which is a subsidiary of foreign company we are only three employees out of which 1 is recently appointed . Since i am working more than 8 year expecting & hoping for the gratuity. As per the law same is applicable to me or not ? Please advise. Awaiting feedback.


Abdul Gazi
This Query has 1 replies

This Query has 1 replies

my query is if a person once disqualified under contract law for any contract, thereafter can he is eligible to make another types of contract


Anoop.V.P
This Query has 2 replies

This Query has 2 replies

Why Partnership between CA in practice and CA in service is not allowed?



Anonymous
This Query has 1 replies

This Query has 1 replies

12 March 2017 at 12:38

Gift deed

I want to gift 800000/- to my father. Whether I need to execute a Gift Deed. If Yes, Can I use 100/- Stamp paper



Anonymous
This Query has 2 replies

This Query has 2 replies

08 March 2017 at 15:21

Gratuity

Dear Experts,

Please suggest I am eligible for Gratuity as i have completed my services as 4years 3month 11 days.

please share act if any one have.

Regards
Maan Singh


ABHISHEK
This Query has 1 replies

This Query has 1 replies

03 March 2017 at 12:51

Can i forfiet the advance of property

i did agreement in September for sale of rs 10L. At that time I received advance of 1L, rest payment was due on 30 Nov.
It was mentioned in agreement that default in payment on 30 Nov Will entitle the seller to forfiet earnest money of 1 L.
In Oct and Nov, received 1L each month but purchaser defaulted on 30 Nov.
In Dec, I sent the legal notice through advocate stating that I have received 3 L earnest money and pay the balance money within 15 days otherwise 3L will be forfieted and agreement will be cancelled.
No reply received from the purchaser till now.
Can I legally forfiet the 3L money and sell the property to another.






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