One of our client companies have applied for loan in a bank. But the bank has objected that borrowing power clause is not present in AOA of the Company. Although the borrowing power clause is present in MOA but not in AOA.



How to prove that borrowing is not ultra vires .

Also i want to know doctrine of ultra vires is present in which section of the Companies Act.

Can anybody tell me the procedure for listing in SME amd the time taken in the procedure?? I need it urgently

The Annual General Meeting is to be held on September 30, 2012 and the accounts are to be approved at the Board meeting to be held on April 30, 2012. The Managing Director’s tenure gets over on June 30, 2012. On April 30, 2012, the names of two Directors liable to retire by rotation (Managing Director is not liable to retire by rotation) are decided. It is also decided that Managing Director will not seek re-appointment upon the expiry of his tenure on June 30, 2012.

In that case, when the tenure of the Managing Director ends on May 31, 2012:
(i) Does he become a Director liable to retire by rotation?
(ii) Should he retire at the forth coming Annual General Meeting to be held on September 30, 2012? (But the names of the two Directors liable to retire by rotation have already been decided and included in the notice approved at the Board Meeting held on April 30, 2012). (iii) Otherwise from which period he should be counted for retirement and at which Annual General Meeting Managing Director should retire?

can any one tell me that under companies law whether a company can complete the requirement of a quorum with only one equity shareholder & with other members as a preference shareholders.

If a company is registered in U.P with the registrar of Companies of UP, having its registered office in UP wants to establish its "Coporate office " in Delhi , can she do so .

If yes what is the procedure to be followed by for doing so and under which sections/rules of the act.

Thank you.

private can issue convertable deb on private placement..procedure and formats ...urgently need

Dear All Professionals,

Please let me know that when Disclosure of Interest u/s. 299(3) is received at the time of closure of FY.

When can it be asked
a) any time during March
b) on the last date of FY i.e. 31st March
c) may be received any time after the FY year eg. in April......

Thanks and Regards,
Harvinder

our company filed on 13/10/2011 e-form 23 for increase in authorised share capital

the proposal for increase in share capital at that time was form 10 lakhs to 5 crores


but did not file form 5



now on 15th march 2012 the board decided to increase it form 10 lakhs to 2 crores

what is the procedure to effect the change
whether is it possible to cancel the earlier resolution

Dear All,

One of my Clients has formed a Pvt. Ltd. Company with one of there Japanese friend. Now the company wants to receive Funds from Japan against issuance of shares. What are the steps & provisions applicable & relevant sections also. Plz Guide.

Amit Jain

Hearty greetings to all...
Dear,
I want to know the following related with partnership deed.
1. for admitting a new partner and retiring one existing partner one deed is necessary or separate deed is required, if one deed is enough please give me the format.
2. whether the retiring partner's account can be settled by the new partner for receiving retiring partner's right in the partnershp firm.