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Kapil Kumar Singh Adv

......but as between persons who became directors on the same day ,
those who are to retire shall ,
in default of and subject to any agreement among themselves ,
be determined by lot.

My question is that " be determined by lot " applies to

" in default Of "

or " subject to any agreement among themselves "

or both .

My interpretation is this that " be determined by lot " applies to both i.e.

-- in default of any agreement among themselves ,be determined by lot

--- subject to any agreement among themselves , be determined by lot

Because the word used in between " in default of " " subject to " is AND .

Most of the authors / teachers say that

-- "those who are to retire shall , in default of any agreement among themselves. be determined by lots "

---"those who are to retire shall , be determined as per the agreement among themselves '

which in my opinion is not correct


Please interpret the section and express your views on this interpretation

Thanks







Kapil Kumar Singh Adv

......but as between persons who became directors on the same day ,
those who are to retire shall ,
in default of and subject to any agreement among themselves ,
be determined by lot.

My question is that " be determined by lot " applies to

" in default Of "

or " subject to any agreement among themselves "

or both .

My interpretation is this that " be determined by lot " applies to both i.e.

-- in default of any agreement among themselves ,be determined by lot

--- subject to any agreement among themselves , be determined by lot

Because the word used in between " in default of " " subject to " is AND .

Most of the authors / teachers say that

-- "those who are to retire shall , in default of any agreement among themselves. be determined by lots "

---"those who are to retire shall , be determined as per the agreement among themselves '

which in my opinion is not correct


Please interpret the section and express your views on this interpretation

Thanks







Dheeraz Satsangi
16 January 2020 at 18:34

In our company we are planning to employ

1. In our company we are planning to employ Consultants and Self Employed Professionals. I want to know what kind of acts are applicable on this. I want to know about Agreeement, Billing, TDS, ITR for Professionals. Maximum Billing should be <6 LPA.


Swapnil Jain
16 January 2020 at 08:18

Number of partners in LLP

I am curious to understand what happens if only one partner remains in LLP. Rest all partners are retired for summer or the other reasons


Manisha Jain

A COMPANY FORMED 8 YEARS AGO HAS BEEN INOPERATIVE SINCE APRIL 2019. IT HAS UNSECURED LOAN AND ASSETS. CAN THE COMPANY BE STRIKE OFF . IF YES, WHAT PROCEDURE AND ATTACHMENTS WILL BE REQUIRED. PLZ CAN ANY ONYONE HELP ... REPLY AT THE EARLIEST


Rajeshree Desai

As per Rule 4 of The Companies (Appointment and Remuneration of Managerial Personnel) Rules, 2014, a company cannot pay sitting fees more than 1 lakh, which is corresponding provision to Section 197(5). Further, as per section 196(4), a private limited company is exempted from adhering to the provisions of Section 197 & Schedule V for providing remuneration to its directors, then how is suddenly Section 197(5) gets applicable to private limited company? Also, the starting statement of Section 197 is "The total managerial remuneration payable by a public company" and then all other subsections are in connection with the initial sub-section, then how Sub-section 5, out of nowhere, gets applicable to private company?

This was my understanding over sitting fees payable to a private limited company. I need to understand other expert's view in this regard, with interpretation method and supportings.


Rishabh Srivastava
08 January 2020 at 08:43

Section 16(b) of Companies Act

Is their any prescribed form for application by registered trademark owner ? If not what is RD-1 Form is for ? Also what is government fees for such representation. Can it be done online.


neha mathukiya
02 January 2020 at 18:49

Conversion of Firm into Pvt. Ltd.

What is the process of conversion of partnership firm into PVt. Ltd. Co. Please explain the same step wise and form required to be filled in ROC.


supriya kapdi

Ranjith is wealthy man enjoying large dividend and interest income. He has formed three private companies and agreed with each of them to hold block of investment as an agent for it. Income received was credited in the accounts of the company but the company handed back the amount to him as a pretended loan. this way, he divided his income in three parts in a bid to reduce his liability.
Wanted to know the facts, issues, relevant provisions, analysis and conclusion on the legality of the purpose for which the three companies were formed


kaushik

I WANT TO KNOW THAT CAN I INCORPORATE 2 LLP WITH SAME REGISTERED OFFICE IN WHICH ONE LLP WHO OWNS THE PROPERTY GIVES NOC TO OTHER LLP TO USE ITS PREMISES FOR REGISTRATION PURPOSE.






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