i need provisions relating to following situation in the companies act,1956 i.e. sec no. and also case laws if any.

situation is:

5 members have formed a private ltd company and subscribed capital. they have opened bank account for the company. they have entered into agreement with one real estate agent and transferred the funds from the company bank account for the purchase of land. Agreeement was finalised and land was purchased but it was registered in the personal names of directors instead of company name.

This is the problem now. i know it is prohibited under companies act but i do not know under what sec it was prohibited.

Please help me out to sort out this issue. suggest the ways if any to make directors come out of this issue. it would be helpful if someone can quote case laws also.

Dear Sir

Section 264(3),of the Companies Act 1956 says that "This section shall not apply to a Private Company unless it is subsidiary of a Public Company."

So does that mean that the appointment of Director in a Private Co., which is not a subsdiary of a Pulic Co., need not be intimated to ROC??

Regards

Priya Sharma

Please clarify anyone-
Reg-AGM Proceedings
One shareholder applied & gets the shareholders list from the listed company, with the payment of appropriate fees, as per the companies act,1956.
Subsequently, he is giving a notice to the company u/s 257 of the companies act, seeking to appoint him as independent director of the company in the ensuing AGM.
As per the provisions of the companies act, the board is taking this subject to the shareholders meeting (AGM) & to set the motion in AGM by conducting the voting by show of hands.

In the meantime, the cited shareholder brings with him 20 or 30 persons to the AGM & to request them to act as shareholders, by giving them sufficient shareholder details on hand ( ie.) Name, address, folio no, no. of shares,etc. (since the list is already obtained from the company), to participate in the voting.

1) To eliminate these dummy shareholders, whether we can asks the ID Proof (voter ID /Ration card /Passport copy )at the venue of the AGM to identify the genuiness of the member? OR
2) Is there any alternative steps are available? Please advice.

Thanks in advance
Varathan

When auditor is appointed -other than the retiring auditor in a AGM, whether we need to pass a ordinary resolution / a special resolutio

dear sir,
if a company is not in a position to prepare its final accounts due to unavoidable circumstances and consequently wants to defer the AGM by another six months and wants to conduct AGM in March,2010. is it possible, if yes, then what is the procedure. if not, what are the consequences for not conducting AGM within time.
secondly, as the final accounts are not prepared, it will not be able to file the income tax return for the asst year 2009-10. till when filing of return can be deffered and what are the consequences?
please advice.

Sir, Is it necessary for a company to announce the result of postal ballot at a general meeting held after completion of the postal ballot? Please quote with reference to the appropriate provisions of the COMPANIES ACT,1956.

Thank You

Hi Frnds.,

I want the Latest Foreign Trade Policy for Gem & Jewellery Industry issued by the government, Please its Urgent can any one help me.

Thanks,

Anil Motiwala

what are the sources from which bonus shares can be issued in case of a unlisted company and can revaluation reserve be utilised to issue bonus shares.

A Pvt Co. is using the Trademark of one of its director and they are paying royalty to her, so in this case as per the Companies Act , does it attracts provisions of sec 297(Related Party Transaction)?or does this attracts any other provisions of Co. Law???

The director is also the relative of one of the directors of the company.

Is trademark a movable property??

Pls solve this query

Regards

Priya

The authorised share Capital of the Pvt. Co in Hyd. is being increased from Rs.6,000,000 to Rs. 12,000,000, how much stamp duty the co. needs to pay for stamping of Form 5???



Pls suggest, its urgent.

Regards

Priya