AN insian pvt. ltd. company wants to invite a foreign partner to infuse funds in the company as a private equity basis. The indian company is in trading business. In my opinion the investment can be made under FDI policy upto 100% under automatic route.Am I right.

Second question is how the equity can be introduced by the company. of course increase in the authorised capital is one step.As section 81(1A) is applicable only to public companies can a pvt. company allot shares on private placement/preferential issue by simply a board resolution. can anyone pls advise.

thanks & Regards

PCJ

Dear sir, Ours is a Pvt Ltd company. We give bank operation power to one person alongwith Managing Director. Our account is JOINT account. After that the same person became a director of our company. Now He resign the Director. Now we are only two directors in our company. But he refused to give a letter to cancel Joint operation power. How we able to remove his bank operation power. Board Resolution is enough or not? Pls give suggetion to remove his cheque power with our bank.

1)The subscription clause of MOA and AOA is to be witnessed only by a professinal or any other person also.

2)Can the signature of the subcriber(foreign national) be performed by his authorised power of attorney(POA)

suppose that a contract is to be entered into between 2 pvt companies which attracts the provisions of section 297 of the companies act.

is it required by both the companies to get approval seperately from the central government?

the simplified procedure for 297 applications as in mca general circular 52/2011 mandates the approval of shareholders in general meeting by way of special resolution. but is it required to get the approval of shareholders of both the companies for 297 contracts?

if yes, where is it mentioned?

i consider that the approval is necessary for any one of the companies, as the govt approval is given for the contract as such in which both the companies will be covered automatically.

plz guide.

US based company holding shares of Indian pvt company seeks to sell its shares to the UK base company...Transfer is between US company to UK company..so no FCTRS or any other provision from FEMA. But How the stamp duty thing should be considered?
1. Is transfer deed required to be notarised from the resident company?
2. Stamp duty shall be paid where< US, India or UK? What shall be rate of stamp duty?
3. any other formalities to be met?

Dear Sir,
Please solve the problem that what is difference between WTD and a director who is in whole time employment in the company in which he is director.

Please throw the light on it and indicate the relevant provisions in this regard.

Looking forward to your kind reply.

Thanks and Regards,
Harvinder Kumar Dinker

Dear Sir,
Kindly heed your attention on following issue-

If a person is appointed as a director in a company, who possesses the qualified CS. Some time later, the same director is appointed as Company Secretary of the company (Presume there are 7 directors in the company)
Can he be called as WTD? whether is there need to follow provision of WTD presentably or presumed to be WTD istelf?
Whether is it possible?

Please throw the light on it and indicate the relevant provisions in this regard.

Looking forward to your kind reply.

Thanks and Regards,

Dear Sir,
Kindly solve my following query_

whether a person can hold office of WTD in more then one company (Pvt. and Pub company in both cases.

Please prescribe the limit and also indicate the relevant provisions regarding it.

Thanks and Regards,
Harvinder Kumar Dinker

a client running business under proprietorship concern, chnaged the proprietory status and formed a private limited company on 03.03.10. A meomrandum of understanding for takeover of business was entered b/n the proprietor and the newly formed company on 01.04.10.For FY 10-11 which is the company's first year of audit, it has shown in its trading a/c opening stock as well as opening WDV in its fixed asset schedule. Is the accounting treatment given proper? As far as company law suggests a proprietorship cannot be converted into company. It is only taken over by another company - which in this case is the newly incorporated one.. Pls advice ASAP

If a coMpany accepts loans from its directors/ their relatives/ shareholders...... is it require to comply with compliance of section 58A.(Public deposit)

Regards

Madhusudan