Anonymous
20 March 2012 at 23:01

Change of co name -charge on property

when abc co is change its name with new name xyz co.but the same business is existing.there is no change of directorship.

but following point is relevant while taking the decision.
1.cash credit account is operated in bank with the old name that is abc co.also having term loan account with the same co.
2.abc co has approached the bank to make note on bank record as new co name xyz co.
3.Bank has changed the term loan account from old co name to new co name.
4.New co i.e.xyz co also operating the current account with the same bank.

issue:---

issue is that land building is still on the name of the old co name & same morgage with the bank against the term loan.


now new co has found the buyer who can payoff the liabililties of installment & then that property will be with the buyer .
bank will ready to issue noc to new buyer of the property.


Query:-
in this case 1 st, is above transaction will be legal & geneue from the both side of the party as well as from the point of bank.


2 nd bank wants the payment,new co wants to discharg the liability towards the bank, in this case is it advisable to new buyer to purchase the property which is registered on the name of the abc co.


3. if it is geneue what steps to be kept mind from the point of company law,income tax & lawfulk transaction?









Bharat
20 March 2012 at 22:23

Depreciation

Can anyone suggest me the action for the following situation:

Asset put to use: 1st March, 2011
Put to use certificate received on: 30th April, 2011.
Accounts Department capitalises the assets based on Put to use certifcate.
The books for year ended are closed on 31st March, 2011 and back dated entries are not allowed. Action in April, 2011

Kindly provided me with your suggestion alongwith the applicable Sections as per Companies Act and Accounting Standards.

Thank you in advance



Anonymous
20 March 2012 at 18:13

Closure of producer company

While incorporating new company, in Form 1 bymistakely Producer company option got selected instead of New company.

So, kindly provide the procedure to be followed for closure of company.


Ankur Soni
20 March 2012 at 17:27

Restriction on removal of director

Sir/Madam

I have a Pvt. Co. having 3 directors holding shares in ration of 4:3:3.
1]Now I want to put restriction om removal of director in such a way that one director can't be removed by other 2 directors forming some sort of coalition.

2]i want to put restriction on transfer of shares in such a way that one person can't transfer shares without full consent of other directors.

Please help me in this regard and tell whether the above conditions can be implied?

thanks in advance


CS Jignesh Mistry
20 March 2012 at 15:52

Section 187c queries

hi expert can you please help me u/s 187C.

ABC is indian company in that:
Mr. X hold 1 share as nominee shareholder of PQR LLC (foreign company).
and 999999 held by PQR LLC.

with regards to nominee compliance, we need to file form I & II and form 22 with ROC.
I am confused, with contents of Form I and II as to what details to be filled in Form I and who has to sign it, same as form II.



Anonymous
20 March 2012 at 15:35

Applicability of section 372_a

Sir,

Please clarify whether section 372A of the Companies Act, 1956 (inserted w.e.f. 31/10/1998) is applicable to NBFC. On the above I am of the view that this section is not applicable to NBFC in the wake of the following-

a) Sub Section 8 ( a ) ( i) exempts certain companies viz banking insurance and housing finance companies and also companies established with the object of financing industrial enterprises; and


b) Also section 45 Q of the RBI Act, 1934 overrides other laws which have provision inconsistent with the provision of the RBI Act. Prudential Norms directions issued under section 45JA of the RBI Act have specific Para 20 (Concentration of credit/ investment) which regulates the lending and/or investment limit to single/group of borrowers . As such provision of Para 20 would override section 372A by virtue of section 45 Q.


Pushkar Kumar
20 March 2012 at 12:02

Formation of branch office

I want to that a Pvt. Ltd. company which is currently registered with delhi roc wants to set up a branch office in other states which will operate in same business as they are doing in delhi.

Now the question is that do the company need to intimate to roc?

if yes then is there any form or any other manner by which they have to intimate.

Thanks


CS Premjith

plz share a format/copy of the general notice/advertisement to be published in the newspaper for change of registered office of the company from one state to another...


Nitin
20 March 2012 at 09:24

Share issue at premium


Can a private limited company issue shares to Directors at X amount & to non directors at Y amount (at premium)at the same time?


SABARATHINAM
19 March 2012 at 21:32

Agm date

Pvt. ltd company hold 1st agm on feb-11 by closing accounts for 15 months on 30 sept-2010. now closed accounts for 15
months as on 31-12-2011 can you pls. suggest me when can be cut of date to hold second agm?






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