Rajeswar
01 December 2009 at 12:15

common seal and share certificate

Dear members,

1) Sec 147(b) of the Cos. Act mandates that every co. shall have its name engraven in legible characters on its seal-

Is it enough if the co. engraves it on a rubber stamp as it has not been specifically mentioned in the act that it should be engraved on metal?

2) Should the share certificates be printed mandatorily or computer designed printouts be used?

thanks & regards

raja rajeswari s


rajkumar
01 December 2009 at 12:09

SECTION 314/314b- most urgent

ABC LTD IS A PUBLIC LTD CO.WHERE Mr.D IS EMPLOYED AS A WHOLE TIME DIRECTOR. His SON who is a CA is to be employed as a GM Accounts at a slary of 35000/-pm

would be highly grateful if you could tell about the applicability of section and also send a draft resolution

with regards!
rajkumar


Rajeswar

dear members

kindly clarify me on the following:

A private ltd company need to be declared as defunct. But where the directors(promoters) were not ready to indmenify or submit affidavit as they were on the stand that no where in the Cos. Act the directors are personally liable to crs. except when the members are reduced below the min. no. or when the directors have acted to defraud crs. They argue that the co. being an artificial person having its own legal personality is liable and not the directors as they have not given any personal guarantee.

Under which provisions of the Cos. Act, the directors cand be made liable?

How to apply for striking off the name of the co. from ROC register in the above case?

(The promoter directors were on the stand that when ROC on its own raises notice u/s 560 let the co be striken off. They have not filed AR and Balance sheet for the past 5 years.)

regards

RAJA RAJESWARI S



Anonymous
30 November 2009 at 23:04

Form - 5 (ROC)

Our client had filed form 5 for increasing authorised capiatal from Rs. 5 lacs to Rs.10 lacs.While filling form 5,the paid up capital has been wrongly entered as Rs.5 lacs instead of Rs.1 lac.Now form 5 had been approved.Now the company master data has been updated as Authorised capital Rs.10 lacs and Paid up capital Rs.5 lacs (It should have been Rs.1 lac ).

Now,is it possible to rectify the defect ? (form 5 was approved on 14-11-2008)

What could be the consequences if it is not rectified ?




Anonymous
30 November 2009 at 15:57

resignation from director post

i am working in a ltd co as marketing head for 12 years and for the last 4 years served as director on board. i wanted to resign from the directorship but my management refused to accept my resignation. Pls advise how to exit from the directorship even if the management does not accept my resignation from directorship.



Anonymous
30 November 2009 at 13:55

Signing agreement in Pvt. Ltd. Company

In a Pvt. Limited Company two directors are not having DIN number. Can they sign on agreement (Arbitration Act Section 10) related to extension of Managing Directors terms and salary etc. Please answer this question with related supporting clause.


shankar banerjee
30 November 2009 at 13:06

Filing of Charge for Auto Loan

Whether it is compulsory to file charge in form 8 with ROC for a vehicle purchased under Auto Loan scheme by hypothecation of the vehicle. There are practical difficulty is filing eform since ROC is using acrobat 7 version whereas others particularly pvt sectors bankers are using much higher version.

If not mandatory please state reasons, judicial pronouncements, case law reference, opinion of renowned authors


^^^ AJIT ^^^
30 November 2009 at 12:42

Discharge of Calls on shares

A limited company had no money to pay directors’ fees. The directors thereupon paid into company’s bank account the amount remaining unpaid on their shares and retook the amount as fees. Does this give a discharge to directors’ liability to pay their shares?





^^^ AJIT ^^^
30 November 2009 at 12:39

Surrender of shares

The nominal value of a share in X Co Ltd is Rs.100 out of which Rs.40 is called and paid up. The company, as revealed by its last balance sheet, was losing heavily. A shareholder surrenders his 20 shares to the company and the directors of X Co. Ltd. accepted the surrender. Is such surrender legally maintainable?





^^^ AJIT ^^^
30 November 2009 at 12:36

Freezing of DP Account

What is meant by freezing of a DP account? In what way freezing affects a beneficiary account holder? Can an account holder freeze a specific quantity of a specific security in an account?







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