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Radhika Singhal
26 May 2011 at 14:35

transfer of shares

There is an indian company named ABC (P) Ltd. with three members A , B & C with equal number of share holding i.e. one - third holding by each of them.All the three members have purchased these shares in their own name. A & B are non residents whereas C is a resident . A& B also have their shareholding in foreign companies too namely A (p) Ltd and B (p) Ltd respectively. A & B want to transfer their shareholding in ABC (p) Ltd. to their foreign company i.e, A want to transfer its shares to A (P)Ltd and B want to transfer its shares to b (p) ltd. Is that Possible???? if yes what is the procedure?????


TARUNA NIRANKARI

a client in my CA's office filed form 5 to increase his private company's authorised capital..he completed all the details and filed all the papers and paid the fees and stamp duty...including the changes in MOA..but he mistakenly passed a board resolution...instead of a special resolution for altering the MOA...he is under litigation...he keeps saying his BOD are the only members of the company...so he passed a board resolution..
how can the situation be solved and what should be done for this


CS Pooja Thakkar

Can anyone help with the following??

I want to know which are the documents compulsorily signed by Managing Director in Pvt Ltd Company?

For eg. - Directors Report - I think if the company having MD then he should be one of the signatories.

Can any one tell me other such documents??



Anonymous
26 May 2011 at 12:40

MCA

Dear Members,

Kindly shortout my query:

There is some changes brought by the MCA regarding holing general meeting as well as board meeting through electronic medium.The Article cluase of the company does not contains such authority to hold such meeting therefore do we have to change the article to incorporate such changes brought by the MCA.

Kindly clarify.
Regards


Himanshu
26 May 2011 at 01:40

Resignation Law

Hi

I joined an IT company at a middle management level and with respect to my level, there was no probation period applicable i.e I was a confirmed employee from day 1. After working for about 7 months, I developed a kidney stone problem and was subsequently hospitalized for the same (company was aware of that). The stone was in the formation stage and could not be detected at that time. After about a month, I had another pain attack and was diagnosed with a 1 cm stone which had to be surgically removed. I flew back to my hometown for the surgery and a stent was inserted in the ureter. I was not allowed to travel and as per the doctor I have a tendency of forming recurring stones and will be an ongoing issue (was said over a verbal discussion with the doctor).

Considering the situation, I resigned from the company on 30th April 2011 seeking immediate relieving under medical circumstances. My appointment letter says
"Termination of Service: During your employment with the company, a notice of 60 days is required to terminate employment from either side. the company may terminate your employment by payment in lieu of 60 days notice, without assigning any reason whatsoever, at the sole discretion of the company. If at your request, the company agrees to relieve ypu before serving the full notice period, you will be liable to pay the company on lieu of the balance notice period. However, please note that accepting any such early relieving request would be entirely at the discretion of the company."

I have resigned via email marking my immediate manager and HR under medical circumstances and also have submitted my hospitalization reports to the corporate insurance provider. Also, I did send in the resignation by registered post attaching a copy of the email resignation.
After this the HR replied back to the email saying that I either need to serve the entire notice or pay it off to which I replied stating that I cannot stay in Chennai and not in a position to pay it off due to heavy medical expenses. I have not received any reply to it yet.

Now I want to know:
1. If I take up a job with another company near my hometown providing them the copy of the email resignation and the physical mail, would it turn out to be legitimate in background verification check. Can my previous company put me in absconding status and negate the verification?

2. Is there any law which governs this kind of situation and discourages companies to exploit employees under such circumstances.

3. I was hospitalized and submitted the claim for the same while I was still with the company, the insurance company has cleared the claim and issued a cheque which my company is refusing to provide to me. Can something be done about it?

Please help me with this. I have received a few offers with good companies but am skeptical to join as not sure what would the verification turn out to be!!


prasath
25 May 2011 at 21:48

Sale of partly paid shares

Kindly clarify the following,
A company has issued shares Rs.150 (face value Rs.10/- and premium Rs.140/-) with the following terms:
On Application Rs.75/-
On First Call Rs.40/-
On Second Call Rs.35/-
Now the shareholder has paid the application money and the first call(Total Rs.115)
The share is traded in the market for Rs.400/-

Whether the shareholder who has paid Rs.115/- can sell the shares in the market from his demat account for Rs.400/-?

If yes, who has to pay the money for second call?



Anonymous
25 May 2011 at 19:02

appointment of director

can any body suggest me about appointment
of director in a private limited company.
can board appoint other than additional/alternate director in board meeting?



Anonymous
25 May 2011 at 18:32

company law

can you please send me the list of Statutory register which should be maintained by a listed company.



Anonymous
25 May 2011 at 18:18

Director Resignation

Dear Sir/Madam,

Please clear my doubts in the following situation:

In case of non acceptance of resignation of a director by the BOD, can the resignation be filed using the DSC of out going director?


guruprasad
25 May 2011 at 16:43

takeover

One of my clients is acquiring more than 50% stake in a listed company.
so what is the procedure to follow in order to acquire the stake and the management control.
suggest me right from the feasibility to execution stage.






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